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Practice of Medicine Medical Jurisprudence 67 [A] 16 A drug store that dispenses practically all drugs without requiring a prescription violates the A. Pharmacy Law B.Medical Act C.Generic Act D. Administrative Code [D] 17 Which is Not a qualification for a person to be appointed member of the Board of Medicine? A. natural born citizen of the Philippines C. of good moral character B. duty registered physician in the Philippines D. faculty member of a recognized medical Practice of Medicine [B] 1 Which of the following is NOT a pre-requisite to the practice of medicine in the Philippines? A. must be at least 21 years of age B. must be a natural born citizen of the Philippines C. must have passed the Physician Licensure Examination given by the Board of Medicine D. must be a holder of a valid certificate of registration issued by the Board of Medicine [D] 2 Who is considered engaged in the practice of medicine? A. Faith healer who serves without compensation B. Clinical psychologist who handless patients under the supervision of a psychiatrist C. Physiotherapist who applies massage upon prescription by a physician. D. Any Person who uses the title M.D after his name. [D] 3 The right of a faith healer to practice the healing art is provided in A. Medical Act of 1959 as amended C. impliedly provided in the Code of Ethics B. Civil Code of the Philippines D. provision of the constitution regarding freedom of religion [C] 4 Which of the following acts constitute the practice of medicine? To physically examine a person and A. treat and prescribe herbal medicine C. all the three B. diagnose D. operate without compensation [D] 5 Which statement is NOT valid with regards to whether a juridical person can practice medicine A. The confidential relationship between the patient and physician will be impaired. B. A juridical person can practice medicine with the use of its physician and the latter can use his own personal judgment in rendering medical service to a patient. C. The patient will be deprived of the free choice of physician of his trust or preference. D. A juridical person cannot practice medicine as it cannot be subjected to an examination to determine its competence. [A] 6 The following external influence may limit the practice of medicine, EXCEPT: A. public mood of prohibiting physi- C. religious impositions cian from practicing in a town D. professional ethics B. hospital policies and regulations [A] 7 Dr. Juan Martinez acted as a dummy for Dr. Castro, who failed to pass the Board examination for Physicians three times, to practice medicine. The acts of Dr. Martinez are grounds for suspension or revocation of his certificate of registration based on what classification? A. criminal acts C. personal disqualification B. unprofessional conduct D. unethical conduct [B] 8 Which of the following acts of diagnosis and treatment is considered practice of medicine? A. Use of electric machine by barbers in giving treatment to one who sought to beautify his body

Practice of Medicine Medical Jurisprudence 67

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Page 1: Practice of Medicine Medical Jurisprudence 67

Practice of Medicine Medical Jurisprudence 67

[A] 16 A drug store that dispenses practically all drugs without requiring a prescription violates the A. Pharmacy Law B.Medical Act C.Generic Act D. Administrative Code

[D] 17 Which is Not a qualification for a person to be appointed member of the Board of Medicine? A. natural born citizen of the Philippines C. of good moral character

B. duty registered physician in the Philippines D. faculty member of a recognized medical

Practice of Medicine

[B] 1 Which of the following is NOT a pre-requisite to the practice of medicine in the Philippines? A. must be at least 21 years of age

B. must be a natural born citizen of the Philippines C. must have passed the Physician Licensure Examination given by the Board of Medicine D. must be a holder of a valid certificate of registration issued by the Board of Medicine

[D] 2 Who is considered engaged in the practice of medicine? A. Faith healer who serves without compensation B. Clinical psychologist who handless patients under the supervision of a psychiatrist C. Physiotherapist who applies massage upon prescription by a physician. D. Any Person who uses the title M.D after his name.

[D] 3 The right of a faith healer to practice the healing art is provided in A. Medical Act of 1959 as amended C. impliedly provided in the Code of Ethics B. Civil Code of the Philippines D. provision of the constitution regarding

freedom of religion

[C] 4 Which of the following acts constitute the practice of medicine? To physically examine a person and

A. treat and prescribe herbal medicine C. all the three B. diagnose D. operate without compensation

[D] 5 Which statement is NOT valid with regards to whether a juridical person can practice medicine A. The confidential relationship between the patient and physician will be impaired.

B. A juridical person can practice medicine with the use of its physician and the latter can use his own personal judgment in rendering medical service to a patient. C. The patient will be deprived of the free choice of physician of his trust or preference. D. A juridical person cannot practice medicine as it cannot be subjected to an examination

to determine its competence.

[A] 6 The following external influence may limit the practice of medicine, EXCEPT: A. public mood of prohibiting physi- C. religious impositions

cian from practicing in a town D. professional ethics B. hospital policies and regulations

[A] 7 Dr. Juan Martinez acted as a dummy for Dr. Castro, who failed to pass the Board examination for Physicians three times, to practice medicine. The acts of Dr. Martinez are grounds for suspension or revocation of his certificate of registration based on what classification? A. criminal acts C. personal disqualification

B. unprofessional conduct D. unethical conduct

[B] 8 Which of the following acts of diagnosis and treatment is considered practice of medicine? A. Use of electric machine by barbers in giving treatment to one who sought to beautify his body B. a nurse that takes the blood pressure reading and gives advise & prescribes treatment.

C. the application of a medicated massage D. insurance company doctors who examine prospective applicants and recommend treatment

[B] 9 Which of the following by decision of the courts is NOT a practice of medicine? A. one who takes blood pressure readings and give advise B. administration of anesthesia by a licensed nurse under the supervision of a physician in connection with a surgical problem

C. court appointed doctors who diagnosed and treat convicts D. Insurance company doctors who examine prospective applicants and recommend treatment

[D] 10 The following conditions are required of a physician returning to the Philippines A. payment of the corresponding income tax derived from practice B. re-registration with the Professional Regulatory Commission C. must be of good moral character

D. taking of a re-validation examination from the PRC

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68 Medical Jurisprudence Practice of Medicine

10 A physician who was formerly or still a citizen of the Philippines and has passed the licensure [B]examination before he left for abroad decide to return for visit, sojourn or permanentresidence. He may practice medicine in the Philippines under the following conditions, EXCEPT:A. He is a practitioner of medicine of good standing prior to his departure from the Philippines.B. He possesses a specialization of his chosen line.C. Prior to his practice in the Philippines he must first register with the Professional Regu-lation Commission and paid the professional license fee.D. He must pay the corresponding income tax on all income realized from his practice.

11 Which statement is NOT valid? A balikbayan physician formerly a citizen of the Philippines [B]and had previously passed the medical licensure examination in the Philippines maypractice his profession in this country provided that heA. pay corresponding income tax due on all income realized in practicing in the Philippines.B. must be become a Filipino citizen once moreC. is professional practitioner of good standing prior to departure from the Philippines and in his adopted countryD. shall register with PRC and pay the proper professional license fee

12 A “balikbayan” physician can legitimately practice medicine during his stay in the Philippines [C]provided he has all the following, EXCEPT:A. He has passed the licensure examination C. he must be a physician of recognized standingB. He registered at the Professional D. he pays his professional license fee and taxes Regulation Commission

13 The right of a citizen of foreign country to be allowed to be admitted to practice medicine [A]in the Philippines if their existing law allowed citizens of the Philippines to be admittedA. reciprocity provision of the medical law of the Philippines.B. international law, in as much as the Philippines has adapted the generally accepted principles of international law in as much as the Philippines has adapted the generallyC. international convention, like the World Health OrganizationD. executive agreement between the heads of states

14 Citizens of the People’s Republic of China are allowed to be admitted to practice medicine [B]in the Philippines by virtue ofA. special act of congress allowing them to practice medicine in the PhilippinesB. the reciprocity provision of the Medical ActC. by tolerance since they were allowed to practice medicine since time immemorialD. executive agreement between the heads of states

15 In certain cases, limited practice without certificate of registration shall not be required on [B]A. Foreign physicians employed as exchange professors in special branches of medicineor surgery whose services may, upon previous authorization of the board of medical examiners, be necessary. B. Filipino Physician who graduated from well known medical schools abroad like John

Hopkins University and are diplomats or certified specialist in certain specialties.C. Foreign physicians members “International Health OrganizationD. none of the above

16. A partnership is a form of group practice. Which of the following statement is NOT valid? [B]A. The partnership has a juridical personality separate and distinct from that of each of the partnersB. All the partners shall be considered agents and whatever any one of them may do alone shall not bind the partnershipC. Death of one of the partners dissolves the partnership and may require reorganizationD. The liability of the partnership is not limited by the partnership assets but also enforceable to the personal estate of its members

17 Professional license fee in the following circumstances need not be required of a Physician [C]A. employed by the GovernmentB. Physician treating patients at the emergency room in a private hospitalC. under training and supervised by qualified physicianD. patients are members of his family

18 A Licensed physician who assists one without a license to practice medicine is [C]A. not subject to criminal liability C. subject to criminal liabilityB. subject to criminal liability only if the D. none of the above unlicensed practitioner is negligent

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Physician-Patient Relationship Medical Jurisprudence 69

[D] 19 Which of the following may dissolve the partnership?A. death of one partner C. withdrawal of one of the partnersB. civil interdiction of the one of the partners D. all of the above

[D] 20 A Physician acted as dummy or front for a person without a license to practice medicineHe is liable to a penalty ofA. imprisonment B. fine C. reprimand D. suspension of license to practice

[C] 21 The Penalty for any person found guilty of illegal practice of medicine shall beA. Suspension of license to practiceB. revocationC. imprisonment for not less than one (1) year to not more than five (5) years and/or a fine of P1,000 to P10,000D. The scientific basis for the use of acupuncture has already been established

[A] 22 Which of the following statements on acupuncture use is valid?A. The Board of Medical Examiners Allows the use of acupuncture by licensed physicians in their practiceB. The use of acupuncture is limited to a small number of trained physicians.C. A physician must first secure a license as acupuncturist before he can use the procedure.D. The scientific basis for the use of acupuncture has already been established.

[C] 23 Illegal practice of medicine is an offense which falls under the jurisdiction of theA. Association of Philippine Medicine Colleges C. Board of MedicineB. Philippine Medical Association D. Board of Medical Education

Physician-Patient Relationship

[A] 1 In which instance is a physician-patient relationship established?A. A physician takes the clinical history of a person who comes with health complaints.B. A physician examines an applicant for employment.C. A physician examines an applicant for a life insurance policy.D. A physician examines an accused person upon request by a court.

[C] 2 One of the following statements signify the commencement of physician-patient relationship:A. an HMO nurse referred a patient to a non-HMO physician and an appointment was setB. a patient called the doctor’s office and the secretary booked her for an appointmentC. a patient called a doctor in his office because if a severe chest pain and told the doctor other related developments. The doctor, based on the patient’s information diagnosed the condition and advised the appropriate remedy.D. a patient called a physician by phone and when the doctor answered the call, that started the relationship

[D] 3 When is a physician-patient relationship established?A. Physician examines a person on orders of a trial court.B. Physician examines an applicant for employment.C. Physician attends to an emergency case.D. Physician performs an autopsy on a dead body

[D] 4 During a court trial wherein a psychiatrist was ordered by the judge to determine the mental conditionof the accused, what is the nature and form of patient- doctor relationship?A. implied B. expressed C. consensual D. none

[A] 5 A physician patient relationship is established in the following instances, EXCEPT:A. In a social gathering a person asks a physician as to the appropriate remedy for what he felt and the physician gave a suggestion.B. A physician listens to the symptoms of a patient on the telephone and gave the corresponding treatmentC. A professor, who was looking for a patient to be presented at lecture, stopped at the free clinic of medical school and examination of a patient being treated for a leg injury, remarked that the leg had to be amputatedD. A physicians takes the clinical history and does a physical examination on a sick person.

[C] 6 The following are the legal duties imposed on a physician during the physician-patient relationship, EXCEPT:A. The Physician must have knowledge and skill in medicineB. he must utilize a skill with ordinary care and diligenceC. he must always comply with the wishes of the patient in as much as he is the master of his own bodyD. he must exercise the best judgment

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70 Medical Jurisprudence Physician-Patient Relationship

7 Regarding the nature and requisites of the physician-patient relationship, which of the [A] NOT Correct? it isA. a guarantee of cure B. contractual C. consensual D. fiduciary

8 The following duties and obligation are imposed on patients by the physician-patient [A]relationship, EXCEPT:A. The patient may seek another physician’s opinion without telling him/her doctor.B. Even if the management is painful, the patient should cooperate and follow the instructions, orders and suggestions of the physician.C. The patient must give an honest medical history of his illness.D. The patient must give an honest feedback to his/her physician anent the effect of the treatment so that the latter may do what is appropriate.

9 The time honored relationship between a physician and his patient is [C]A. strictly business B. personal C. fiduciary D. amicable relationship

10 In the course of the physician-patient relationship, the physician cannot be held liable for any [A]A. He applied his knowledge and skill with care and diligence in the diagnosis and treatmentB. when the principle (doctrine) of res ipsa loquitur is applicableC. when the patient contributed in the causation of the injuryD. when the management procedure applied is inherently risky

11 Which of the following is NOT required of a patient in a physician-patient relationship? [D]A. provide an honest history of illnessB. inform the physician about what he experiences during the course of treatmentC. ask for clarification if he does not understand instructions of what is happening to himD. submit to any procedure suggested by the physician

12 A patient has the right to discharge the physician treating him at any time. However, the [D]physician can withdraw from the physician-patient relationship only ifA. the patient intends to file a suit against him in courtB. there are other physicians in the locality who can treat the patientC. the physician lacks the facilities for treatment of the patientD. the patient consents to his withdrawal and is given ample time to secure the services of another physician

13 Regarding termination of the physician-patient relationship, which is valid? [B]A. when the patient agrees to the withdrawal of a physician, the latter has already fulfilled his obligationB. all the threeC. if the patient called for another physician for a specific purpose, it can be inferred that the attending physician was discharged by the patientD. unless there is an agreement to the contrary, in clinical consultation, the physician- patient relationship terminates

14 One of the conditions when the physician-patient relationship is terminated is when the patient ha [D]recovered from the condition for which he was receiving treatment. Which is/are CORRECT?A. is determined by the attending physician’s complete and thorough evaluationB. recovery need not be complete and must be construed to be in such a way that the condition of the patient will not require medical servicesC. premature termination of services still necessary constitutes abandonmentD. all of the three

15 The physician patient relationship is terminated in the following circumstances, EXCEPT: [D]A. discharge of the physician by the patient C. death of the patientB. recovery of the patient D abandonment by attending physician

16 The elements of abandonment of patients include the following, EXCEPT: [A]A. Physician-patient relationship terminated by patient.B. Patient’s continuing need of physician’s care.C. Abandonment has caused injury sustained.D. Physician-patient relationship existed

17 The following are some of the ways of terminating physician-patient relationship, EXCEPT: [D]A. discharge of the physician by the patient D. premature termination of medicalB. incapacity of the physician service when it is still necessary C. recovery of patient from illness

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[B] 18 Which method of terminating a physician-relationship is NOT acceptable?A. the patient discharges the physicianB. the physician abruptly withdrawsC. the patient obtains the services of another physicianD. patient and physician mutually agree to terminate the relationship

[D] 19 The physician is given the full authority to determine the diagnostic and treatmentprocedures to be adopted. Which statement is NOT correct?A. the physician has the right and duty to determine the duration of treatment and proper course of action in the management of the patientB. the patient places himself in the command and control of the physician who has superior knowledgeC. it is the physician’s right and duty to determine the frequency of visits in treating a patientD. if the patient refuses to give consent, the doctrine of superior knowledge allows the physician to proceed with the procedure he considers essential to save the patient’s life

[B] 20 The basis of the physician’s duty to secure the consent of the patient is/areA. neither C. reducing relationship between the patientB. patient’s right to self determination D. both are applicable

[C] 21 In the doctrine of Superior Knowledge, this applies to the following, EXCEPT:A. In the physician-patient relationship, the physician has a superior knowledge over his patientB. The patient just follows the instruction or orders of the doctor.C. The patient virtually places himself in the control of the doctor.D. none of the above

[A] 22 Consent of the patient to diagnostic and treatment procedures may be implied.Which is CORRECT?A. all of the threeB. when he does not express his objections to an operation which he knows is about to be performed on him.C. is implied from the fact that he goes to a physician to present his medical problem and submits himself to whatever is indicatedD. given without words spoken but may only be deduced from the conduct of the patient

[C] 23 Among the following diagnostic procedures on treatment modalities, which one requiresan enlightened consent of the patient?A. intramuscular injection of medicineB. electroencephalographyC. plain x-ray of the abdomen of a 2 months pregnant patientD. computed tornography in a head trauma patient

[C] 24 When a patient stubbornly refuses to submit ti a treatment procedure vital for hisimprovement, the attending physician shouldA. force the patient to accept the procedureB. put the patient to sleep and apply the procedureC. politely withdraw from the physician-patient relationshipD. accede to the patient and await untoward consequences

[C] 25 A physician may apply a procedure on his patient over and above the latter’s objection ifA. it is best for the patient C. it is ordered by the courtB. it’s a safe procedure D. it is requested by the family

[B] 26 An Rh negative patient delivered an erythroblastotic infant. Exchange blood transfusionwas ordered but the mother refused because it is against her religious belief. The physician was able to carry on the treatment of the baby. How?A. by asking the religious leader of the parents to exclude them from the responsibilityB. by obtaining a court order to save the baby over the objection of the parents.C. by declaring that the baby is not yet a member of the parents’ religion hence not to obliged to follow the religious belief.D. by secretly performing exchange blood transfusion

[B] 27 Which statement about “blanket consent” is/are correct?A. is not considered illegal if performed within the normal dictates of surgery.B. all of the threeC. does not relieve the physician of liability arising from negligence.D. may expose the patient to unlimited surgery.

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Rights of Physicians

1 Which of the following stament is VALID? [B]A. A duty licensed physician is obliged to practice medicine.B. A physician is free to choose which patients he will serve.C. A physician may abandon a case when it is no longer within his clinical expertise.D. In case of emergency, a physician may refuse treatment if the case does not fall.

2 Physician has every right to choose his patients, EXCEPT: [D]A. emergency and there is no available hospital C. neither of the choices are correctB. where there is no available doctor D. emergency

3 A physician has the right to limit his practice. Which statement is correct? [C]A. may conscientiously object to performing therapeutic abortion because of his religionB. may refuse to attend to a patient in a distant placeC. all of theseD. may refuse to attend to a patient and may refer the case to a hospital because he does not know the proper management of that particular case.

4 Which of the following statements is NOT valid? [C]A. medical practitioner may refuse to make house calls and concentrate his practice only in his clinic or hospitalB. Except in cases of emergency , a physician is not obliged to serve every patient who solicits his servicesC. Once a physician-patient relationship has been established, a physician is obliged to attend to his patient in the latter’s home even if the patient has moved to a town 20 kilometers from the city where the physician practices.D. A medical practitioner has the right to limit his practice to certain days of the week and certain hours of the day

5 Regarding the right of the physician to limit his practice, which is correct? [C]A. has the right to receive patients in his clinic only in certain days of the week and certain hours of the dayB. it is not applicable when a contractual agreement with the patient was made for a continuing careC. all of the threeD. this right cannot be applied when the patient requires continuous service

6 The physician has the right to the following limitations in the practice, EXCEPT: [D]A. limitation of practice only on a field of specialtyB. limitation of practice in his private clinic or hospitalC. limitation of practice according to the dictates of his conscienceD. limitation of practice in times of peace only and may defy conscription in time of war and disobey a court order

7 A physician’s practice of his profession maybe limited by the dictate of his conscience [D]and that he may be right to refuse to do which one of the following?A. tubal ligation B. insertion IUD C. vasectomy D.all of the above

8 Malpractice liability may arise in the emergency of a hospital if patient is not [B]attended to. Which of the following instance is NOT valid?A. A patient was left unattended on the examining table of the ER. He fell and broke his arm. The hospital is liable for negligence.B. A patient who was seen only after 45 min the ER was told by an intern to go to another hospital after his stab wound in the abdomen was dressed. The intern who believed there was no emergency was made liable for the

patient’s death.C. The complaint of patient who was suffering from a severe abdominal pain and vomiting worsened after he was denied admission to the emergency room because he could not a deposit. The hospital was found liableD. Failure to examine a patient because of the belief that he is drunk and not suffering from any disease or injury may be ground for liability.

9 Which of the following are the duties of a physician to the community? [B]A. to warn public against dangerous false practices of charlatan and quacksB. all of the threeC. should never act as a dummy of any illegal practitioner quack or charlatanD. to assist in the administration of justice on medico legal cases when called upon by judicial authorities

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Medical Jurisprudence Rights of Physicians 73

[B] 10 The following are the duties of a physician to the community. Which is NOT correct?A. enlighten public on danger of communicable disease and measures for their prevention and care especially during epidemics

B. during an epidemic, he may refuse to attend to the needs of the sufferers if will be risky for his life.C. should cooperate in the enforcement of sanitary laws and regulationsD. every case of communicable disease under his care should be properly reported to authorities concerned

[C] 11 A physician in a rural setting came to a doctor’s clinic complaining of severe epigastricpains. The doctors advised the patient to go the nearest hospital for ultrasound,laboratory and x-ray tests. The hospital was 2 hours away and the patient arrived“DOA”. Choose the correct doctor’s action:A. The doctor realizing the financial status of the patient, decline to take the case and alibied by saying that he has previous commitments.B. The doctor having many patients in his anteroom, some of them serious left the clinic and accompanied the patients to the hospital.C. The doctor on realizing the gravity of the patient’s condition explained the situate to the family. His equipment is limited and being an internist cannot perform the necessary surgery. The doctor then recommended a surgeon.D. The doctor asked the patient to wait until he finished his appointments and then accompanied the latter to the hospital.

[C] 12 Regarding duties of physicians to their patients, which of the following statement is NOT valid?A. the medical practitioner shall not charge exorbitant feeB. a physician shall serve the interest of his patients with greatest solicitude, giving them always his best talent and skill.C. a physician is free to choose whom he shall serve so he may refuse calls even in case of emergencies.D. In serious cases, difficult to diagnose and treat, the attending physician should seek the assistance of his colleagues in consultation.

[D] 13 In cases of emergencies, which of the following statements is NOT valid?A. Refusal of a physician to attend to a patient in danger of death will not be grounds for the revocation or suspension of the registration certificate if there is risk to the physician’s lifeB. In the absence of a qualified physician, any person may attend to an emergency if hethink he is competent to help a sick or injured person.

C. Medical students who have completed the first four years of the medical course may be given a limited or special authorization by the Secretary of Health to render medical during an epidemic.D. A physician is free to choose whom he will serve and may not have to respond to any request for assistance even in an emergency.

[D] 14 Which is NOT a physician’s duty?A. to notify patient and relatives of the seriousness of the patient’s illnessB. to hold in secret confidential information obtained from the patient during treatmentC. to charge moderate professional feesD. to serve every patient who comes for treatment.

[D] 15 Except in an emergency, a physician may refuse to treat a person seeking his services.A. if the patient refuses to pay in advance C. if he dislikes the personB. if other physician are available D. arbitrarily, for reasons of his own

[A] 16 What is the penalty for a person who shall fail to render assistance to another who isdying. When he can render such assistance without detriment to himself, unless suchmission shall constitute a more serious offense?A. arresto mayor C. arrestomenorB. fine of not less than P1,000 and not more than P3,000 D. prision mayor

[C] 17 With regards to the right to compensation for the physician’s services, which is NOT so?A. if the medical fee involved exceeds five hundred pesos, it must be in writing even if the contract is a private oneB. payment for services rendered to an unconscious patient must be on the theory of an implied contractC. a physician is not entitled for compensation if the patient is not satisfied with the resultD. the right to demand compensation for services is based on the physician-patient relationship

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74 Medical Jurisprudence Rights of Physicians

18 A patient in the emergency room needs surgery but he cannot afford the expenses. [D]A. refer the patient to another hospitalB. treat the patient and let a collection agency do the collectingC. if there is a bed available, let him have itD. if there is no bed available, treat the emergency and refer the patient to a government hospital as soon as it is safe

19 The physician may not recover professional fee in the following instance, EXCEPT one: [C]A. When there has been an expressed contract to cure and the physician failed to accomplish the agreement.B. When the physician’s services were done in a patient confined in private charity hospital where medical services were expressedlyfree.C. When an employer promised to take the responsibility of paying for the medical services rendered an employee.D. When the hospital in which a patient was confined is a government charity institution.

20 if a patient died in a private hospital or became legally incapacitated, the claim for the [C]medical fee shall be made from persons in the following order. Identify the party that is NOT always responsible:A. the brothers and sisters C. the descendants and ascendants of nearest degreeB. the spouse D. the company from which the patient was retired already

21 Which of the following is/are correct with regards to recovery of professional fees [A]through judicial methods?A. all of the threeB. an unlicensed practitioner will be denied recovery even in the absence of statute expressedly stating soC. a physician who has just passed the medical board examination may receive professional fee for services rendered before receipt of the license provided the delay was not his faultD. In case of emergency in a place where a qualified physician is not available, an unlicensed practitioner has the right to fair and just payment for services.

22 A government physician was allowed private practice after regular office hours. He did an [A]emergency on a rich patient at midnight. Upon recovery, the patient refused payment. Thedoctor was awarded compensation based on.A. the right of the physician to compensation C. the fact that the medical serviceB. the patient cured was done after office hours

D. the patient can afford 23 A physician is paid P50,000 a month for working in the office of his employer physician. [A]

While the latter is on vacation, the employee performed surgery on an office patient.Which statement is NOT valid?A. The patient should pay only the office fee.B. The employer physician and the employed physician should split the professional fee.C. The office of the employer physician should bill the patient.D. The employee physician should not bill the patient.

24 A surgeon performed an operation on a patient. After the patient is cured, he refused [A]to pay the doctor. The following facts are useful in a court action for the recovery of the medical fees. EXCEPT:A. the patient is financially incapable of paying the feeB. the practicing physician is a qualified surgeonC. he has rendered personally the professional services requestedD. the professional fee is appropriate

25 One of these is NOT a right incidental to the privilege to practice medicine: [C]A. right of way, when responding to emergenciesB. right to compensationC. right to certain public office or private officeD. right to member to medical society

26 Regarding medical fees, the following statements are correct , EXCEPT that: [D]A. physician-patient contractual relationships may be expressed of impliedB. a physician has the right to charge for his professional servicesC. payments for services rendered to an unconscious patient must be on implied contractD. a physician who started treating a patient for fee may start charging for his services over the objections of the patient

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[D] 27 Which of the following is NOT valid?A. A physician should never examine or treat a hospitalized patient of another physician without the latter’s knowledge and consent except in cases of emergencyB. A physician called upon to attend a upon a patient of another physician in an emergency should attend only to the patient’s immediate needs.C. The physician’s services ceases when the emergency is over the condition found and treatment administered.D. He is entitled to a fee and therefore may not have to inform the physician in charge when he charges the patient

[A] 28 Hospitals and physicians are obliged to extend medical assistance in emergency cases.Failure to do so will subject the offender. To the following penalties, EXCEPT:A. a penalty of arresto mayor shall be imposed on the offender and closure of the private hospitalB. imprisonment of one month and one day to one year and one day and a fine of P300 to P1000 without prejudice to the provision of RA2382 in case of physicians.C. in government hospitals the penalty imposed on the person guilty shall be without prejudice to the proper administrative actionD. private hospitals, in addition to the imposition of the penalty on the offender, the license to operate shall be suspended of revoked whenever justified

[D] 29 The right of physicians to demand compensation for the services he has renderedto his patient emanates fromA. the provision of the Medical Act of 1959B the Code of Ethics of the medical profession D. the physician patientC. the local customs in the community contractual relationship

[A] 30 The following are rights inherent in the privilege to practice medicine, EXCEPT:A. right to for compensation on all casesB right to determine the appropriate management procedureC, right to choose patientsD. right to limit his practice of the profession

[D] 31 Which factor should not influence the amount of medical fee a doctor may charge?A. higher for major than minor surgeryB. higher if more. Visits, number of prescription made and length of time of treatmentC. specialist receive higher than a general practitionerD. result/outcome of medical service determines value medical fee

[A] 32 In the charging of professional fees, the following factors are considered, EXCEPT:A. the nationality of the patient C. the type of hospital, primary or tertiaryB. the need for specialized care D. location of the hospital, large city, small town

[A] 33 The following are factors. Influencing the amount of medical fee:A. importance and responsibility of the case C. specialty of the physicianB. nature and character of service rendered D. labor, time and trouble involved

[B] 34 The medical profession is not a business and service is its primary concern sophysicians should not charge excessive fees. Which of the following should beconsidered in determining the amount of the fee?A. financial status of the patient D. professional standing and skill and average B. all of the three fees charged by physicians of standing and localityC. nature of case and time consumed

[A] 35 Which is NOT a requisite in any contractual relationship?A. there must be a written agreement between the partiesB. there must be a consent of the contracting partiesC. there must be a cause or considerationD. there must be an object which is the subject matter of the contract

[A] 36 A patient signed a contract with an HMO for medical coverage. She underwent surgery andclaimed for medical coverage. The HMO refused because the patient used a physician notaffiliated with HMO. Choose the best statement:A. When a patient subscribes to an HMO for health care, the HMO has a right to make an exclusive list of attending physicians that will address the patients.B. The physician may sue the patient for non-payment of services rendered should the HMO will not shoulder the patient’s claim.C. The patient should claim for her right choose her physicianD. The patient should sue the HMO for not recognizing her claim for medical coverage.

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[D] 37 Professional fee measured by the space of time and not by the quality or quantity ofmedical services rendered is known asA. dichotomous fee B. simple contractual fee C. Contingent fee D. retainer’s fee

[B] 38 A physician specialist may require the services of a general practitioner who may solicitpatients for the former. The specialist may then share portion of the fee with generalpractitioner. This kind of medical fee is calledA. contingent B. dichotomous C. retainers D. simple contractual

[A] 39 Which of the following medical fees is considered as unethical?A. dichotomous fees B. contingent C. retainer’s fee D. contractual fees

[D] 40 Which one of the following always unethical as to kind of professional fees collected byphysician?A. contingent fee B. simple fee C. retainers fee D. none of the above

[B] 41 The most commonly employed professional medical fee in the Philippines:A. mutual agreement B. contingent fee C. retainers fee D. straight fee or pakyaw

[C] 42 The kind of professional fee which is unethical because the amount wagers withunforeseeable contingencies is known asA. contingent fee B. dichotomous fee C. straight fee D. retainer’s fee

[B] 43 Straight fee (“pakyaw” system or package deal agreement) wherein the patient tenders a certain amount of the physician and the physician will answer for all expenses ( operationor delivery room fee, medicine, laboratory, hospital bills, etc.) is considered unethical becauseA. it is not appropriate for a professional to obligate himself of other non-medical responsibilitiesB. the medical fee wagers with unforeseeable contingencies and therefore is not fixedC. it arrogate to the physician all the functions in the medical managementD. none of the above

[D] 44 if the patient died and the spouse is incapacitated, the claim for medical fee shall be madefrom theA. sisters C. ascendants of the nearest degreeB. brothers D. descendants of the nearest degree

[D] 45 A physician treated in an emergency an unconscious patient who later on died.Which of the following statement is valid?A. The physician is not entitled to a fee because it was an emergency.B. The physician is not entitled to a fee because the patient being unconscious did not perfect a contract with the physicianC. The physician is not entitle to a fee because the patient died.D. The physician is entitled to a fee.

[D] 46 If a physician is going to file suit in court for the recovery of his medical feefrom his patient, he must be able to prove the following, EXCEPT:A. He is a duly qualified medical practitioner.B. He has performed some sort of services to the patient.C. The amount of medical fee he is demanding is reasonable.D. That the defendant in the case is always the patient.

[A] 47 Which statement is VALID?A. When a physician attends a woman in labor in the absence of another who had been engaged to attend, he is entitled to a professional fee.B. When a patient is referred by a physician to another, the referring physician is entitle to a commission from the latterC. When a physician refers a patient to a radiologist, he may receive a commission from the latterD. A physician may administer a secret remedy

[D] 48 The physician has no legal right to demand compensation for the medical services he has rendered to the patient , EXCEPT:A. when there is an agreement between physician and patient that the physician service is gratuitous based on the principle that medical service, once it started gratuitous, must remain irrevocably gratuitousB. medical services rendered by government employed physicians.C. physicians employed by charitable institutions for the purpose of serving the poor.D. when there is no agreement whether the medical service is gratuitous or with compensation

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[D] 49 The following are instances when the physician cannot recover a professional fee.Which is NOT correct?A. There is an agreement that the services are gratuitousB. services rendered in government charity hospitals.C. professional services rendered by a physician in a private charitable institutionD. when there has been an agreement contract to cure and the physician failed to comply

[C] 50 An attending physician refers a patient to a specialist and he is given a share in the consultant’s fee. This is referred to asA. contingent fee B. contractual fee C. fee splitting D. kickback

[B] 51 A physician ask another to assist him in the management of a patient with theconsent of the patient. Which statement is VALID?A. The assistant physician is not entitled to a professional feeB. The patient is liable for the fee of the assistant.C. The attending physician is liable for the fee of the assistant.D. Patient and attending physician should share in compensating the assistant.

Rights of Patients

[B] 1 Which of the following is/are the legal right/s of a patient?A. a patient has a legal right to informed participation of all decisions involving her health care programB. all of the threeC. a patient has a right not to be transferred to another facility unless the need for such transfer has been understood by her, agreed to the transfer and the other facility has accepted the patient for transfer.D. the patient has a legal right to prompt attention especially in an emergency situation

[A] 2 The following are some of the nights of patients , EXCEPT:A. The right to refuse payments to medical emergency services.B. The right to give consent to diagnostic and treatment procedures.C. The right to religious beliefD. The right of privacy

[A] 3 The reason for securing an informed consent from a patient before any application of anyoperative procedure on him isA. because any person of sound mind has the right to know what operation is to be done on himB. to inform him sufficiently to enable him to make a judgment if he decides to accept the recommended treatmentC. to avoid any misunderstanding between the physician and patient as to the medical fees to be paid by the patientD. all of the above

[C] 4 In order that the consent is valid, which of the following must be accomplished with?A. subject matter is legal C. all of the three are validB. must be voluntary D. must be an informed of enlightened consent

[C] 5 Which of the following information is/are necessary to form the basis of a valid consent?The patient mustA. understand the nature of his condition and of the proposed treatmentB. informed of chances of success of failure of the proposed alternative therapiesC. all of the threeD. aware of the possible alternative courses of action and the risks of the proposed and alternative course of action

[A] 6 Before any operative procedure can be undertaken on a patient, his informed consentmust first be obtainedA. because every person has the right to determine what can be done to his bodyB. so that the patient will know what is to be done to himC. to avoid ghost surgeryD. to give the surgeon a feeling of confidence

[B] 7 After a patient has been briefed by her doctor on a contemplated procedure, thefollowing are her right, EXCEPT:A. she has the right to be informed of the nature of the procedureB. after the proposed treatment, to leave without paying the consultation feeC. she has to be informed of the cost, chances of success and failure of the proceduresD. she has the right to accept or refuse the proposed treatment

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8 When a surgeon operates on a patient without consent, this constitutes an assault and [D]even without proof of injury resulting, the plaintiff may recover what type of damage?A. nominal B. moderate C. exemplary D. liquidated

9 A physician may be liable for performing an operation even though the patient consented if [B]A. the parents did not consent C. the husband was not informedB. the operation is illegal D. patient cannot afford the expenses

10 An old woman whose family is poor was hospitalized for a painful cancer of the ovary [D]that has metastasized. She refused further treatment. Who would be liable if she diedsubsequently?A. the nurses B. the hospital C. the doctors D. no one

11 Which statement/s is NOT valid with regards to the court granting consent for a surgical [A]procedure which the parents refuse to give?A. a child was born with harelip and cleft palate and on account of the ugly appearance surgical treatment was orderedB. to save the life of a childC. may divest the parent of custody of a child and order the head of a welfare institution to give the consent to preserve the health of a childD. immediate operation of a child suffering from glioma.

12 Consent of surgery on a minor may be given by the following, EXCEPT: [C]A. by the grandparents C. by friends even if the above are availableB. by the parents D. by the guardian

13 In the case of minors and consent, identify the WRONG statement: [D]A. under special conditions, a minor patient may give consentB. expressed disapproval of a minor patient will not prevail over an existing emergencyC. consent may be granted by the court on a minorD. the patient’s consent on a minor patient is absolute

14 In the order of succession, the following are the persons who may give consent for [C]surgery, EXCEPT:A. the parents if the patient is a minor C. the spouse to whom a patient is divorcedB. the grandparents in the absence D. the patient himself of the parents

15 The following are other persons who may give consent in favor of a patient, in their [A]capacity as substitute parental authority, EXCEPT:A. bosom friend C. guardiansB. teachers and professors D. heads of children’s homes, orphanages

16 Which of the following is NOT a requirement for “informed consent”? [D]A. The patient must understand the nature of his condition.B. He must understand the nature of the risks attached to the proposed treatmentC. He must be aware of possible alternative courses of actionD. He must be aware of the cost of the treatment

17 The following requirements must be complied with before a consent may be considered [B]valid, EXCEPT:A. it must be given by the patient voluntarily C. the subject matter must be legalB. the terms of the agreement must always D. it must be an informed or enlightened be reduced in writing consent

18 A written consent may contain the following conditions, EXCEPT: [D]A. witnessesB. the name of the physician to whom the consent is givenC. the natures, extent , limitations and advantages of the procedure explicitly expressed in clear languageD. the professional fee of the doctor

19 Which is NOT correct with regards to the contents of a written consent? [C]A. nature and extent of procedure including condition or limitations must be clearB. a consent authorizing any member of the surgical staff of a hospital may be considered sufficientC. name of physician to whom patient gives his consent must be specified even if his identity can be fully established

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[C] 20 When a physician obtains an informed consent to a treatment procedure he mustinform the patient of possible effects of the treatment and of dangers. Which is correct?Physician is liable if he does not inform patient of theA. unexpected effects B. untoward effects C. all the three D. side effects

[A] 21 After a patient was appraised of her illness and the doctor proposed the appropriateprocedure to cure her, when the patient approved the procedure, she gaveA. an expressed consent B. written consent C. blanket consent D. implied consent

[C] 22 When is patient’s consent necessary?A. In an emergency, patient need tracheostomyB. In a woman diagnosed with ectopic pregnancy, it turns out to be a case of acute appendicitis and the surgeon decides to remove the appendix.C. during an appendectomy, the surgeon discovers an abnormal ovary and decides to remove itD. The colon was perforated during sigmoidoscopy and the surgeon decides on laparotomy to undertake repair.

[B] 23 During an emergency and the patient of relative refuses to give the consent for treatment,which statement is NOT correct?A. physician may file an action in court against a guardian who refuse to give consent to an emergency procedure on a minor to compel him to give the necessary consentB. physician can perform any form of treatment procedure to a patient to save his life in all cases of emergenciesC. patient is conscious with full possession of mental faculties refuses blood transfusion due to religious beliefs, & the physician must desist from doing something to save his lifeD. if during later course of the injury condition of patient deteriorates and becomes unconscious a physician may, in the absence of relative, proceed with management which will benefit patient

[B] 24 During the operation, the needle of the suture was lost in the abdomen & was not retrieved.The physician did not inform the patient. The physician violated which right of the patient?A. the right of consent C. the right of treatmentB. the right of disclosure D. the right of confidential information

[B] 25 Which of the following statements is NOT valid?A. A surgeon may extend the operation to correct any abnormal or diseased condition in the of the original incision if in the exercise of sound professional judgment such extension of an operation is necessary.B. A patient that had been consulting for her inability to conceive consented to a simple appendectomy. Without the husband’s consent, the surgeon was justified to remove the uterus and adnexa to prevent future disease.C. A patient with frequent miscarriages submitted to an operation to fix her uterus. The surgeon cannot be held liable for removal of her sealed fallopian tubes and ovaries full of pusD. A patient who consents to the performance of a criminal abortion will make her and the physician liable to the illegal act.

[C] 26 Although it is not a legal requirement, consent of the husband must be obtained to anyoperative procedure to be applied on the wife to preserve , harmony, tranquility in conjugal home in the following. EXCEPT:A. When the operative procedure is risky to the life of the wife.B. When the operation will lead to destruction of the product of conception.C. When the wife is of the nervous and apprehensive type.D. When the operation will impair the organ of reproduction

[B] 27 On opening the abdomen of the patient with acute severe pain, the surgeon found arupturedappendix. When would he NOT have been liable?A. if he recommended earlier surgery but there was no anesthesiologist availableB. in all the choicesC. if he recommended surgery but all operating rooms were occupied and there is no time to transfer the patientD. if he had recommended earlier surgery but the patient requested to wait longer

[D] 28 Which statement is valid?A. A patient under 21 years of age who needs an operation can give his consent.B. When a wife needs an operation, the consent of the husband is necessary.C. Under no circumstances may a brother or sister give consent to an operation of a siblingD. When a wife needs an operation involving the sex organs, it is desirable to get the husband’s consent

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29 The patient has the right to give consent to diagnostic or treatment procedures [B]he needs to undertake. Which of the following statements is NOT valid?A. A specialist who performs a procedure with due care & diligence is not exempt from any liability even if no injury was sustained if he fails to inform and get the patient’s consent.B. After the physician patient relationship is established the patient is authorized to institute immediately the diagnostic or treatment procedure which he thinks best for the patient.C. The patient is the final arbiter nd is given the right to choose alternative procedures which he thinks will serve his best interest.D. all of the above

30 The condition that has to be satisfied before an emergency operation can be performed [D]by a surgeon without consent areA. the patient must be unconscious or otherwise unable to give consentB. the situation must be such as it would make it actually or apparently necessary to act before there is an opportunity to obtain consent.C. the surgeon in the exercise of his best judgment believe that the patient will die unless the operation is performedD. all of the above

31 A physician may perform a diagnostic or therapeutic procedure without the consent of the [C]patient or of his relativesA. when the physician believes the procedure D. in an acute emergency when there is necessary is no time to discuss the situationB. when the patient is merely being stubborn in order to seek consentC. when the patient is unconscious

32 A physician may apply a procedure even if it is against the wishes of the patient if [C]A. the procedure is known to be safe C. the procedure is required by lawB. the procedure is necessary for the D. there is implied consent by the good of the patient patient’s spouse

33 Although information gathered by physician from his patient is considered confidential and [B]A. pattern of such information if disclosed will blacken the character of his patientB. when public interest demand disclosure of such informationC. when such information was in connection with the physician-patient relationshipD. when the patient has never waived the privileged nature of such information

34 In the course of the physician-patient relationship, confidentiality of information is [C]applicable in which instance?A. when the patient allowed a third party to be present while being examinedB. when disclosure of information will serve public health and safetyC. information obtained by a physician in the course of physician-patient relationship which could damage the patient’s reputation.D. when such disclosure is necessary to serve the best interest of justice

35 All the following are general guidelines for observing the principle of confidentiality, EXCEPT: [C]A. limiting access to patient information D. not lying to patientsB. avoiding idle conversation about patientsC. using false names and altering data when teaching

36 A privileged communication between patient and physician must be guarded to protect [B]the patient’sA. right to give consent C. right to religious beliefB. right to privacy D. right to refuse treatment

37 A patient confided a very personal matter to the physician when he was about to die. [B]After death of patient, the family pleaded to the doctor to reveal the confidentialstory related to him by the deceased. The physician declined because of the patient’sright, Which right?A. the right of disclosure C. the right of privacyB. the right of confidentiality D. the right to give consent

38 A medical practitioner should guard as sacred trust anything confidential or [C]private in nature that may be communicated to him by the patient, EXCEPT:A. when the patient is a charity C. in the interest of justice, public healthB. when the family inquires or public safety

D. when the patient dies

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[B] 39 Privileged communication can be claimed by the following in confidence from a patient,EXCEPT:A. Confidential information obtained by one of the physicians practicing medicine in partnership with another physicianB. What a nurse sees and learns in her contact with the patient or as to communications made to her by patients.C. Attendants who were present and assisting the physician when the communications made to her by patients.D. Interns who get the medical history of a patient.

[D] 40 Which of the following is/are the scope/s of privileged communication?A. hospital records C. oral testimony by the physician in courtB. affidavits, certificates and reports by physicians D. all of the three

[B] 41 Which of the following does NOT apply as a requisite of the privileged informationbetween the physician and his patient?A. non-disclosure of facts refers to those that will ruin or degrade the patient’s reputation.B. non-disclosure of medical facts can only be demanded of a qualified physicianC. this privilege can only be claimed in criminal proceedingsD. the information was gathered in the course of physician-patient relationship

[C] 42 Which is not privileged communication?A. information given to a priest during confessionB. confidential letter written by a public official during his term of officeC. autopsy findings by a physician who was not the attending physician of the deceasedD. information obtained by a physician in the course of a physician-patient relationship which could damage the patient’s reputation

[D] 43 The requisites of the privileged information between the physician and his patient are thefollowing, EXCEPT:A. The confidential information if disclosed will tend to blacken the character of the patient.B. The privilege is claimed in a criminal case.C. The person against whom the privilege is claimed is a qualified physician.D. The physician acquired the information necessary for him to act while attending the patient in a professional capacity

[B] 44 Communications made by a physician which is NOT actionable even if the physician actedin bad faith is what type of privileged communication?A. conditional B. absolute C. unconditional D. qualified

[A] 45 Which of the following statement is NOT correct regarding the release of informationto the newspaper reporter?A. rule of privileged communication is not applicable to criminal cases so release of information can be made even without the patient’s consentB. photographs should not be taken of unconscious patientsC. release of information for public consumption is the primary duty and responsibility of the head of the hospital or a designated press relation officerD. in cases of poisoning, being a restrictive information, medical information may be attending the patient in a professional capacity

[B] 46 A patient had treatment for AIDS. His doctor identified him in a scientific publicationabout AIDS that he published without soliciting the patient’s permission. What patient’sright was violated?A. right to treatment B. right to privacy C. right to confidential information D. right of information

[D] 47 After adequate examination and laboratory tests, physician finds his patient is positivefor AIDS infection. The information obtained is , NOT privileged communication becauseA. A physician has the right to reveal any information he may acquire in the physician patient relationshipB. The physician is not accredited to examine for AIDSC. The information need not blacken the physician’s reputationD. For the sake of public safety and interest, the physician is obliged to report the case to the Local Health Officer.

[D] 48 The right of a patient of privacy can be violated in the following conditions, EXEPT:A. death D. collecting agency providing informationB for the purpose of protecting the society due to failure of patient pay theC. by order of the court medical obligation after notices

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49 A patient was admitted in a tertiary hospital. In the tests performed, it showed that the [D]patient has HIV infection. Which statement is NOT valid?A. the patient has the option to continue confinement and treatment in the same hospital may ask to be transferred to a DOH hospital exclusive for HIV patientsB. if the patient did not know that he had AIDS prior to hospitalization, he has no liability to the hospitalC. the hospital has the responsibility to keep the patient and treat himD. the hospital personnel who had personal contact with the patient in the performance to their respective functions may not be informed to protect the privacy of the patient

50 After extensive examination and work-up, the patient was discovered to be [B]suffering from a serious case of sexually transmitted disease. Knowing the privilegedaction of the physician?A. manage the patient first and when cured, report the case to the proper authoritiesB. manage the patient and at the same time report the case to the proper authoritiesC. manage the patient and investigate previous intimate contact for examination and treatmentD. treat and manage the patient

51 A physician during a Workman’s Compensation claim negotiation of his private patient [A]filed a written report. Without the patient’s knowledge and consent, that he had venerealdisease. The physician is not liableA. because he had justifiable motive C. for slanderB. for breach of professional ethics D. for libel

52 A patient has incurred AIDS and his work is on contact with patients in hospital. [C]Choose what is the best and ethical thing which his physician is bound to do.A. to make arrangement so the risk of infecting the patients is eliminatedB. to expose the patient’s disease to the publicC. to advise the patient to seek treatment and counsel at the DOH center for the treatment of AIDSD. to treat the patient clandestinely

53 Secrecy of information in a physician-patient relationship when demanded by law is called [C]A. ethical information C. privileged communicationB. professional information D. confidential information

54 Privilege communication refers to [A]A. confidential information related C. accessibility of the physician over other patients

to the patient’s health D. the privilege of the patient to communicateB. secret about the physician’s fee with the doctor anytime

55 The privilege communication between physician and patient guarantees a patient’s right to [A]A. privacy B. self-determination C. informed consent D. second opinion

56 Which of the following statements is NOT valid? [C]A. waiver is made by the guardian of a minor patientB. successor in interest may waive for a deceased patientC. The privileged communication between physician & patient does not apply after death.D. Privileged communication is granted by law to patient which he may waive.

57 Privileged communication is a right granted by law in favor of the patient who may waive [C]such privilege. Which statement is NOT correct?A. waiver is made by the guardian of a minor patientB. successor in interest may waive for a deceased patientC. waiver must always be an expressed written waiverD. once waived it can no longer be claimed

58 Which is NOT a privileged communication? [B]A. information obtained by the physician in the course of the physician-patient relationship which if known to others will damage the patient’s reputation.B. Information obtained by a patient from a person making a confession.C. Confidential letters written by a public official during his term of office.D. Autopsy findings recorded by a physician performing the autopsy on a deceased who prior to death was not his patient.

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[C] 59 When is information obtained by a physician NOT a privileged communication?A. When the patient cannot pay the professional fee.B. When the patient sues the physician for malpractice.C. When the patient is examined by the physician, on order of a court for the purpose of obtaining evidence.D. When the patient subsequently dies.

[A] 60 The patient’s right to die or refuse necessary treatment is legally base onA. right of self-determination “Any person of legal age and sound mind has the right to determine what must be done on his body.”B. principle of morality – “ That if a physician cannot alleviate or cure the con-dition o the patient, he must at least mitigate his agony and sufferings”.

C. God created man and it is only God not his person can extinguish lifeD. none of the above

[D] 61 The right to self-determination maybe denied a patient whenA. the procedure us to preserve his life C. he has suicidal tendenciesB. suits by the patient against the physician D. all of the above

[B] 62 Information obtained by a physician from his patient in the course of treating the latter isno longer privileged inA. instances when the patient/fails to C. the event the patient dies later pays the physician D. all of the aboveB. suits by the patient against the physician

[D] 63 “Living Will” refers to written instructions given by a patient to relatives and attendingphysicians for them toA. keep her alive with all available resources C. use her organs for transplantB. discontinue all life support systems if even D. cremate her body upon death should she survice she would be a vegetable

[B] 64 The right of a patient to be left alone and not exposed to public view or unwarrantedpublicity is calledA. right of disclosure of information C. right of confidential informationB. right of privacy D. right of self-determination

[D] 65 An old patient with terminal cancer but still mentally competent refused any further treatment and later on died. Which statement is VALID?A. The physician may be held liable for acceding to the patient’s refusal of treatment.B. The hospital may be held liable for the patient’s deathC. Both physician and hospital may be held liable.D. Neither physician nor hospital may be held liable

[D] 66 A patient may refuse a medical procedure EXCEPT whenA. The procedure is necessary for his survival C. it is completely safeB. It is standard operation procedure D. it is required by law

[B] 67 The following are the basic principles recommended by the World Medical Associationthat may be used as guidelines in the performance of clinical research provided it is inaccordance with the law of the country. Which is NOT correct?A. must be justified morally and scientificallyB. may be conducted by internsC. the importance of the objective of the clinical research should be proportion with the inherent risk to the subjectD. when the personality of the subject is liable to be altered by the expected drugs, doctor should exercise special caution

[D] 68 In research on human subjects, the following categories may be involved, EXCEPT:A. normal health subjectsB. people living in highly controlled situations like soldiers, prisoners, studentsC. sick adults, children and the terminally illD. even those who refuse to give their consent

Liabilities of Physicians

[D] 1 Breach of legal duty of a physician may be due toA. ignorance C. negligenceB. departure from accepted practice D. all of the above

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2 Breach of legal duty of quacydelicti refers to which of the following? [B]A. breach of contract B. tort C. neither of the these are correct D. both of these

3 Which of the following provision/s of law is/are valid? [B]A. whoever by negligent act causes damage to another is obliged to pay for the damage doneB. all of the three are validC. any person who by simple negligence shall commit a grave felony shall suffer the penalty of arresto mayor, medium and maximum periodsD. gross negligence resulting in death of patient shall be sufficient grounds for

4 Which of the following statements is NOT valid? [D]A. A physician is guilty of gross negligence when he shows entire disregard for and indif-ference to the safety and welfare of othersB. Mere negligence does not amount to misconduct, whereas and accumulation of negligentC. Gross negligence, ignorance and incompetence of a physician are sufficient grounds for suspension or revocation of the registration certificate.D. A physician is incompetent if he is unable or unfit to apply the proper procedure on a particular case

5 With regards to Breach of Legal Duty, which is correct? [C]A. primary basis of cause of action is negligence of physician responsible for the injuryB. negligence of physician responsible for injury, in the absence of a preexistingC. contractual relation between the parties called quasi-delictD. a physician who fails to give sufficient, adequate and comprehensive instructions to the patient and which resulted to injury may be held liable

6 With regards to Breach of Legal Duty, Which is correct? [A]A. failure of the physician to give prophylactic medicine to prevent a foreseeable conse-quence whenever they are available does not make him liable for the consequence of his error by omissionB. failure of the physician to treat a patient who cannot pray the medical bill may not constitute abandonment if an alternative treatment is made availableC. after the physician-patient relationship has been established a physician cannot withdraw if his services are still required just because the patient has not paid the past billD. a physician who fails to give sufficient, adequate and comprehensive instructions to the patient and which resulted to injury may be held liable

7 An action for damages against a physician, which statement is NOT valid? [B]A. administrative liability B. civil liability C. criminal liability D. all of the three

8 An elderly man, incapacitated by a stroke, had a fall but his physician did not [D]take an x-ray. Routine x-ray made two weeks later, upon the insistence of thefamily, showed fracture, The court held the physician liable becauseA. he was guilty of reckless imprudence C. he made an error of judgmentB. he was negligent D. all of the three

9 The following may file a complaint against a physician, EXCEPT: [A]A. a deranged patient from the National C. the alleged victim Mental Hospital D. any firm or corporation through itsB. any person representative

10 Civil damage against a physician may be based on [D]A. breach of legal duty B. breach of contract C. neither of the two D. all of the two

11 Who can file an administrative complaint against an erring physician? [D]A. duty authorized representative of a firm C. any natural personB. Board of Medicine D. all of the three

12 A patient with an incurable ailment requested his attending physician to procure a drug [B]with which he could end his life. The physician complied, the patient took the drugand died. The physician isA. not liable C. liable for homicideB. liable for giving assistance to suicide D. liable for murder

13 The medical specialty having the highest risk of professional liability litigation is [B]A. orthopedic surgery B. neurosurgery C. general surgery D. radiology

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[A] 14 Any of the following shall be grounds for reprimanding a physician or for suspending orrevoking a certificate of registration as physician, EXCEPT:A. refusal to attend to a patient in danger of death because of risk to his lifeB. performance of or aiding in any criminal abortionC. gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury to or death of the patientD. knowingly issuing any false medical certificate

[D] 15 The following are provisions of Penal Law wherein a physician may be held criminallyliable. Which provision specifically mentions the physician as the wrong-doer?A. defamation C. violation of the Dangerous Drug ActB. criminal negligence and imprudence D. refusal to render treatment in emergency cases

[D] 16 Knowingly issuing a false medical certificate isA. criminal act C. a ground for suspension of a licenseB. a ground for revocation of a license D. all of the above

[A] 17 A physician issued a medical certificate testifying that his patient underwent a majorsurgical procedure when in fact it was only a minor procedure. He is guilty ofA. misrepresentation B. embezzlement C. extortion D. estafa

[A] 18 A physician who in connection with the practice of medicine issued a falsemedical certificate is subject to a penalty such asA. a fine not to exceed 1,000 pesos C. prison mayorB. reclusion temporal D. prison correctional in its medium periods

[C] 19 Any person who shall knowingly make false statements in the birth certificate form andsubmitted to the civil registrar shall be meted a penalty ofA. imprisonment of not less than one month or more the six monthsB. fine or not less than P100.00 or more than P500.00C. both imprisonment of 1-6 months and fine of one to five hundred pesos, at the discretion of the courtD. both imprisonment of 1-6 months and fine of P100.00 – P500.00

[C] 20 Birth or death certificates, after submission to the Civil Registrar’s office may be changedA. after a notarized statement of the person seeking a changeB. after a formal written request to the Civil Registrar OfficeC. after a petition in court in special proceedings granting itD. it may be not changed at all

[D] 21 A physician who with knowledge, falsely certifies a person to a mental institution maybeliable forA. assault B. negligence C. malicious persecution D. false arrest & false imprisonment

[D] 22 A physician’s standard of care is defined by the following statements, EXCEPT:A. Ordinary care and diligence o observed by other physicians in his community.B. The degree of care, attention, diligence and vigilance exercised by other physicians under similar circumstances.C. Special skill of a specialist if the physician represents himself as such.D. The care & skills exhibited by physicians in accredited medical centers of the U.S.A

[B] 23 Under P.D. 169 a physician is obliged, under the penalty of law , to inform the nearestPhilippine Constabulary Unit the name and address of his patient, nature of injury anddisposition of his patient whom he has treated if such patient suffered fromA. serious physical injuries as defined and penalized by Article 262 and 263 of the Revised Penal CodeB. serious and less serious injuries as defined and penalized by Article 262 up to Article 265 of the Revised Penal CodeC. deformity that will possibly develop as a consequence of physical injury inflictedD. the patient suffered serious, less serious, and slight physical injuries

[B] 24 A physician who deliberately failed to report the name and other personal circumstancesof his patient suffering from physical injuries to the nearest Philippine Constabulary unitand charged for violating Presidential Decree 169 may put up a defense thatA. the law is in violation of the confidential relationship between physician and a patient.B. he is exempted from criminal liability because he is under the impulse of an uncontrol-lable fear for an equal or greater injury

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C. a physician wants to have a peaceful life and not involved in any litigationD. none of the above

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25 if a physician who signs a death certificate, suspects violence or a crime associated [A]with the death, he should immediately notifyA. the National Bureau of Investigation (NBI) C. the local medical societyB. the local health officer D. the municipal trial judge

26 When there is evidence that injuries in a patient resulted when a physician departed [A]from the accepted standard of medical practice, the physician can be held liable forA. malpractice B. illegal practice C. unethical practice D. no liability

27 The testimony of an expert witness is NOT needed to prove a negligent act when which [A]doctrine is applicable?A. res ipsaloquitor B. borrowed servant C. ostensible agent D. captain of the ship

28 In a civil suit for negligence, the testimony of another physician is necessary to show [D]whether the physician did not apply the standard care demanded of a physician, EXCEPT:A. when the charge against a physician is violation of the right of privacy of the patientB. when such negligence is due to lack of skillC. when the patient did not die but merely suffered physical injuries.D. when the principle of res ipsaloquitoriss applicable

29 When is the testimony of another physician necessary in an action for medical malpractice [D]against a physician? WhenA. all of the three C. action for breach of contractB. doctrine of res ipsaloquitor is applicable D. physician departed from accepted practice

30 Which is NOT correct? [B]A. the consideration may be remunatory or an act of benevolence of the physicianB. the physician’s liability for negligence is lessened if the patient does not pay for the servicesC. the patient should pay for the medical services unless by law is presumed to be gratuitousD. the cause or consideration is the reason for a physician to render medical service to a patient

31 With regards to responsibilities and liabilities, which statement is NOT valid? [A]A. When a patient is under the care and treatment of two or more physicians wherein the act one is done with the knowledge of the others, the liability is solely on the negligent physician.B. When an injury is sustained by a patient on account of the negligence of the employed attending physician and nurse, the liability will be shared by the attending physician and the hospital.C. Injuries sustained by the patient on account of the professional negligence of the attending physician is the sole responsibility of the attend physician.D. When injuries are sustained by the patient on account of the physical defects of the premises of the hospital, the hospital must be solely liable.

32 When two physicians treat a patient jointly and agree on the treatment course, [B]A. the one who was negligent is liable for damages arising from an injuryB. they are each liable for 50% of any damagesC. they are each liable for the total amount of any damagesD. neither is liable for damages

33 A man who was hit by a car was taken to the ER of a hospital at 10 PM complaining of [C]numbness of the right thigh with an abrasion on his forehead. The ER nurse called by telephonethe physician on call who told her to admit the man and that he would see him in the morning.The patient who was placed in the hall outside the nurse station died in shock a few hoursafter admission. Who is liable?A. all of the three B. nurse C. physician D. hospital

34 Two patients occupying adjoining beds in hospital died within a 10-minute interval. [D]Diseased “A” had authorization to have an autopsy performed but the nurse inter-changed the tags so that deceased “B”, without authorization for autopsy, was autopsied. Who is liable for unauthorized autopsy?A. pathologist B. attending physician C. hospital administrator D. nurse

35 Which statement is valid?A. The influence of negligence cannot be conclusively made merely because the result of treatment is unfavorableB. A physician is required to have the highest degree of skill possible in his profession.C. A physician can be held liable for negligence if his judgment proves erroneous.

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D. A physician may go ahead and carry out an obviously necessary procedure without first taking the patient’s history

87 Medical Jurisprudence Liabilities of Physician

46 Instances when a physician may NOT be held liable for abandonment: [A]A. failure to visit the patient sufficiently after believing that the patient needed no further treatmentB. failure to provide follow-up attentionC. refusal to attend a case for which he has assumed responsibilityD. failure ti arrange for a substitute during the attending physician’s absence

47 Exemplary damages are imposed, by way of example, for the public good. Which is NOT correct? [A]A. it can be recovered as a matter of rightB. in criminal offenses it is part of the criminal liability and may be imposed when the crime was committed with one or more aggravating circumstancesC. are monetary compensation over and above compensatory damages awarded as punishment because of wanton or reckless nature of the wrong committedD. may be granted in quasi-delect if the defendant acted with gross negligence

48 In the following instance, a physician may be confronted with a condition of emergency [A]Which instance is NOT correct?A. A 9-year old boy sustained in a fracture of the elbow. He was anesthetized with chloroform by a surgeon and death ensued within 5 minutes. The surgeon was not held liable.B. A patient consented for appendectomy. The surgeon was liable for removal of her diseased/nonfunctional fallopian tubes without the consent of the patientC. During gastroscopy, the patient’s esophagus was perforated. Thoracotomy to repair damage was done. The physician was not held liableD. During an operation for tubal pregnancy, it turns out to be a case of acute appendicitis. The surgeon was not liable for removing the diseased appendix even without consent of patient

49 A physician cannot be held liable for the ill effect of his management procedure if [A]A. He can show that he applied his knowledge and skill with diligence and care.B. The doctrine of res ipsa loquitur is applicable.C. The patient contributed to the ill-effectsD. The procedure is by its nature risky.

50 A general surgeon was engaged to remove the myoma of a patient in the province [C]who is 20 years old and still childless. When he found that the fallopian tubes of thepatient were severely damaged, he removed the uterus and the tubes instead.Pick the correct statement:A. The surgeon must have stuck to the original contract to remove the myoma and leave the uterus.B. The surgeon was right in removing the diseased organs – myomatous uterus and damage tubes.C. Since the patient is young and childless and asleep during surgery, the surgeon should have removed the myoma and left the uterus and tubes intact. An intacr uterus will still be useful in IVF.D. Even if the surgeon left the uterus intact after myomectomy, no pregnancy will result once the tubes are damaged

51 A patient was brought to the doctor because of the presence of a mass in the abdomen. [C]Because there was pain, the surgeon did a laparotomy. The physician was sued for mal-practice because the patient’s mass turned out to be a pregnant uterus. The court ruledin favor of the patient becauseA. The surgeon was found negligent because he did not ask about the menstrual history of the young married woman and no pregnancy test was done.B. The surgeon failed to recognize a pregnant uterus when he did a pelvic examinationC. the surgeon made a hasty decisionD. the surgeon failed to seek an obstetrician’s opinion

60 In the course of a D and C due to incomplete abortion blood transfusion was done. The [C]patient subsequently developed hepatitis and sued the physician. Exoneration of thephysician was due toA. The physician was not the owner of the blood bank.B. The blood was checked by the laboratory and blood bankC. The physician explained to the patient the small risk of post transfusion hepatitis to which the patient agreedD. The hospital was the one responsible not the physician

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61 A surgeon cannot be held liable for the negligent or wrongful acts of the [D]A. assisting surgeon B. sponge nurse C. instrument nurse D. anesthesiologist

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[D] 62 A patient underwent a night oophorectomy in a well equipped hospital. She was givenantibiotic coverage for 3 days postoperatively. The patient developed peritonitis anywayand died. Pick the right statement:A. The hospital was liable because the infection developed in its operating facilities.B. The doctor was liable because he did not foresee that tetanus infection will develop postoperatively.C. The pharmacist who delivered the antibiotic prescribed cannot prevent postoperative infectionD. The doctor was not liable because he prescribed an antibiotic after surgery

[A] 63 Regarding the duties of physicians to their colleagues and to the profession ,which statement is NOT valid?A. A physician may administer a special remedy as long as it has been tested to be harmless.B. Physicians should labor together in harmony, each giving freely to others whatever advantage he may have contributed.C. A physician should willingly render gratuitous services to a colleague, to his wife and minor children.D. In difficult and serious cases or in those which are outside the competence of the attending physician, he should always suggest and ask consultation.

[A] 64 The following are some of the duties of physicians to their colleagues and to theprofession, EXCEPT:A. A physician may administer a secret remedy as long as it has been proven harmless.B. It is degrading to professional character for physicians to establish an unjust compe-tition among physicians in the community by unwarranted lowering of fees.C. A physician should carefully refrain from making unfair and unwarranted criticisms of other physicians and constructive criticisms should be given privately and direct to the physician involved.D.it is unprofessional for a physician to pay or to offer to pay commission for the purpose of gaining patients.

[B] 65 There are several modes of approach to alleviate or cure a condition in the managementof a patient. Which statement is NOT valid?A. A physician cannot be held liable for an injury as long as a “respectable minority” in the medical profession concurs with the method he used and due care was observed by him.B. A physician who has adopted a method of treatment with or without scientific basis but customarily prevailing in the community is immune from any liability if untoward effects occurC. A physician whose method is either unknown to or disapproved by his peers or no one agrees with his management can be made liable for negligenceD. if a physician applied a method of treatment from several generally accepted method, he cannot be held liable if he failed to produce good results.

[C] 66 After laparotomy by a private surgeon, a piece of gauze was left in the abdominalcavity of the patient. Who can be held liable?A. no one B. the surgical nurse C. the surgeon D. the hospital

[A] 67 A patient was re-operated by Surgeon B because of sign/symptoms of peritonitis 10days after patient discharge from confinement. Surgeon B found a piece of gauze intraperitoneally. The first Surgeon A may be liable for negligence on the doctrine ofA. res ipsa loquitur B. ghost surgery C. volunti non fit injuria D. respondent superior

[D] 68 A physician who gives an overdose of a drug may be charged forA. immorality B. dishonorable conduct C. gross negligence D. incompetence

[A] 69 Which is/are the effects of overtreatment?A. all of the three C. cause unnecessary financial losses to patientB. patient may suffer physical D. treatment of symptoms which are the result and emotional harm of overtreatment

[C] 70 A Physician diagnosed and treated a patient as suffering from syphilis. Doing a simulatedlaboratory examination. He reported the results of the test as positive when in fact it wasnegative. His acts are ground for revocation of his registration certificate and classified asA. Unprofessional conduct C. personal disqualificationB. unethical conduct D. criminal act

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[B] 71 Which among the following is NOT a part of the Hippocratic Oath?A. My colleagues will be my brothers.B. I will cure sometimes, alleviate often and comfort always.C. I will practice medicine with conscience & dignity.D. I will hold in confidence all that my patients confide in me.

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72 Parts of the Hippocratic Oath are the following statements, EXCEPT: [D]A. I solemnly pledge to consecrate my life to the service of humanity.B. I will give respect and gratitude to my deserving teachers.C. I will maintain the utmost respect for human life from the its inceptionD. none of the above

63 The most important factor which determines the success or failure of a practitioner in a place is [C]A. academic preparation of the physician C. impression created by the peopleB. previous experiences and training of D. all of the above the physician

64 The study of ethics is generally divided into all of the following areas, EXCEPT: [D]A. Descriptive ethics in which comparative and cross-cultural analysis are doneB. normative ethics, in which there is an inquiry into actions and their worthC. metaethics, in which ethics itself is studied to determine questions about moral conceptsD. evaluation, in which the bet answers are determine

65 Factors that can be expected to continue the importance of medical ethics include the [B]following, EXCEPT:A. rise of new technologies C. new moral discoveriesB. the demand of the public D. physician concern

66 Which of the following statements is most clearly about nonmoral values? [D]A. He was wrong to lie C. Anyone who cursed God is bad.B. My doctor is a good man D. Her stethoscope was a good buy.

67 The Code of Ethics of the medical profession as promulgated by the Philippine Medical [B]Association provides guideline, EXCEPT:A. duties of physicians to their patients C. duties of the physicians to the communityB. civil liabilities of physicians imposed by D. obligation and duties of physicians to their law in the practice of the healing art colleagues and to the profession

68 Which of the following constitutes unethical act? [C]A. announcing the availability of his services at such time, place and schedule in the mediaB. lecturing in scientific meetingsC. advertising of a balikbayan specialist the advantage of his expertise over the indigeneous practitioners in the mediaD. using very expensive equipment in his practice

69 A balikbayan physician puts upa sign board at his clinic. Which is unethical? [B]A. “Diseases of Women & Children” C. consultation hours 9-11 am.B. “ Trained at Mayo Clinic” D. consultation by appointment only

70 The following are the duties of a physician to his colleagues. Which is correct? [A]A. specialist’s opinion maybe told to the patient for his informationB. a physician treating patient which appear to be out of his proper line of practice should refer the case to those who specialize in that class of ailmentC. the specialist should in turn reply writing to the physician-in-charge, giving his opinion of the case and recommended treatmentD. physician gives the patient a letter of introduction with the history, diagnosis, treat-ment and all details that may be of service to the specialist he refers the patient to.

71 A physician should willingly render gratuitous service to the following, EXCEPT: [C]A. to the father and mother of a C. to parents of a colleague who are not colleague if they are dependents dependentsB. to a colleague’s wife D. to colleague in the profession

72 A physician should not prescribe any treatment to a hospital patient under the following [D]conditions, EXCEPT:A. when the patient has his own physician C. when the patient’s physician is availableB. the attending physician has not D. in case of emergency and the attending withdrawn from the case yet physician is not available

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73 A physician who violates the provision of the Code of Ethics as promulgated by the [C]Philippine Medical Association may be held liable forA. reprimand C. any of the aboveB. suspension or revocation of his D. criminal prosecution certificate of registration

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[D] 74 Unethical practices of physicians may be complained toA. to the Secretary of Health C. the Regional Trial CourtB. to the Chief of Police D. the PMA committee on ethics & medical practice

[D] 75 Which of the following is ground for reprimand of a physician, suspension or revocationof the certificate of registration by the Professional Regulations Commission?A. high mortality rate among his patientsB. announcing his return from abroad and resumption of medical practice in the PhilippinesC. serving as expert medical witness in a suit involving another physician

D. violation of any provision of the Code of Ethics

[C] 76 One of the grounds for the suspension or revocation of the certificate of registration of aphysician on account of a criminal act isA. immoral or dishonorable conductB. violation of the Code of EthicsC. conviction by court of an offense involving moral turpitudeD. false, extravagant or unethical advertisement

[C] 77 After two years, the Commission, upon the recommendation of the Board ofMedicine, may order the reinstatement of any physician whose certificate ofregistration has been revoked. Which is correct? If the respondentA. has not committed any illegal. Immoral or dishonest actB. acted in an exemplary mannerC. all of the threeD. has not been issued a registration certificate after passing the examination because of conviction involving moral turpitude

[D] 78 Which of the following is ground for administrative charges against a physicianbefore the Board of Medicine?A. writing a column in a daily newspaperB. upon arrival from abroad, announcing in a newspaper his clinic address and clinic hoursC. writing a letter to the editor criticizing the Department of HealthD. kicking a surgical nurse because of her slowness

[A] 79 Which may be considered ethical?A. In the Yellow Telephone Directory, placing the title “ Obstetrician” after the physician’s nameB. Advertising the physician’s method of treatment by radio and televisionC. Criticizing openly treatment carried out by another physicianD. Using an agent to recruit patients

[C] 80 The PMA Committee on Ethics and medical practice imposed disciplinaryaction on a physician. Identify the basis:A. the physician charged higher professional feesB. the physician maintained a flushy officeC. the physician originated false statements derogatory to a colleague in order to lure the patients of the other physicianD. the physician sued a patient for non-payment of professional services

[C] 81 The following acts of a physician are considered as “unprofessional conduct”, EXCEPT:A. issuing statements or spreading news derogatory to the character of another physician without justifiable motivesB. refusal to assist in the administration of justice when called upon by the judicial authorities on medico-legal mattersC. fraud in the acquisition of the certificate of registrationD. false extravagant and unethical advertisement

[D] 82 If the second doctor in a case informed the patient that should he have been operatedearlier, he would have recovered faster and would have incurred lesser expenses. Wasthe doctor guilty or not? Why?A. Yes, the second surgeon was guilty of unethical conduct because he maligned colleague assuming that the first surgeon did what was ethically and medically correct.B. He was guilty,morally and ethically if the basis of his actions were professional

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jealousy or personal vindictiveness.C. He was not morally guilty, if indeed the first surgeon procrastinated without medical evidence of support in his, decisions and if he did not inform the patient of the deleterious consequencesD. all of the above

91 Medical Jurisprudence Liabilities of Physicians

83 Which is NOT a ground for reprimanding a physician or for suspending or [B] revoking his certificate of registration? A. issuing a false medical certificate C. immoral conduct B. criticizing the government policy on public health D. insanity

84 During a medical society meeting, a physician called another physician an idiot [A] The offended party could file a complaint with the Board of Medicine charging A. issuing a statement derogatory to the B. libel character and repuration of another C. slander physician without justifiable motive D. immorality

85 Which de1amatry statement would NOT be actionable unless made with malice? [C] A. official communications made by the mayor in the performance of his duty B. made by a counsel in his pleadings which are relevant to the issues C. statements given is prompted by ill-will to injure the reputation of the person defamed D. made by a congressman in discharge of his functions V

86 Which is NOT criminal liability incurred by a physician incidental to the practice of medicine? [C]A. abortion D. liability in the issuance of birthB. violation of the Dangerous Drug Act and death certificatesC. defamation

87 The mistress of a married physician sought redress from the Board of Medicine [C] when the physician left her for another woman. Which statement is VALID? A. She can charge the physician for immorality. C. She has no right to complain. B. She can accuse him of adultery. D. She can charge him of abandonment

88 Which is NOT sufficient ground for penalizing a physician? [D] A. issuing a false medical certificate C. addiction to alcohol B. slandering the reputation of another D. criticizing the policies of the physician. Department of Health

89 A physician caused to be advertised in a newspaper that he had treated and cured a [B] patient suffering from rabies, a claim which was not true. He may be held liable for A. fraud B. false advertisement C. gross negligence D. dishonorable conduct

90 An unmarried physician was discovered having sex with an unmarried nurse. He [B] may be charged before the Board of Medicine for A. seduction B. immorality C. adultery D. reckless imprudence

91 A physician criticized in public the treatment rendered by a colleague. The [C]offending physician maybe charged withA. libel B. slander C. unprofessional conduct D. immoral conduct

92 The physician treats patients with an Injectable drug concocted by him, the ingredients [A]known only to himself. He could be charged before the Board of Medicine forA. unethical practice C. violation of the Generic ActB. violation of the Pharmacy act D. dishonorable conduct

93 Dr. Jose Alcantara’s wife flied an administrative complaint before the PRC against her [A]husband who was living with a mistress and abandoned her and his three children. Hisacts are grounds for revocation of his registration certificate and classified asA personal disqualification C. unprofessional conductB unethical conduct D. criminal act

94 What should be the proper conduct of a physician when a patient is referred to him [A] a colleague?A. all information should be held confidential and released to the referring physician B. can verbally inform his findings through the referring physician’s secretary C. he can refuse the referralD. enlighten the patient about the case

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95 practicing family physician has a patient with a severe case of cardiovascular [C] What should be the most appropriate thing for him to do? A. refer the patient to and tier family physician who is more experienced B. refer the patient to a more senior consultant C. refer the patient to a physician whose specialty covers the case D. exhaust all means to provide a correct diagnosis for proper management of the case

Liabilities of Physicians Medic Jurisprudence 93

[D] 96 On the matter of referral consultation if the consultant does not appear on agreed time, the attending physician, after a reasonable period of waiting, may not do any of the following, EXCEPT:A. deny permission on for consultant to see patient aloneB. unilaterally fix another date of consultation..C. regard consultation as postponed.D. with patients consent, arrange for another consultation.

[A] 97 The following are criminal liabilities of a physician incidental to the practice of his profession. Which statement is NOT valid?A. A physician may sell his medical samples since it was given to him for his useB. The imputation that a person has a contagious disease may not be defamatory when it was done with good intention and justifiable motive.C. A physician who falls to take the necessary precautions once they are foreseen is guilty of imprudence.D. Unless expressedly authorized by law, an unlawful prescription of prohibited drugs is considered criminal.

[D] 98 The prohibition and imposition of penalty on physicians who sell medical samples gratuitously given to them by drug promoters is embodied inA Medical Act of 1959 as amended C. Revised Penal CodeB. revised Administrative Code D. Pharmacy Law

[C] 99 The principal aims of the Generics Act is toA. reduce the cost of drugs C. enable the customer to choose the brandB. encourage local production of drugs most affordable to him

D. safeguard the quality of drugs in the market

[C] 100 The main objection of PMA to the Generic Law is thatA. The BFAD is not yet capable of determining the absolute safety of generic drugs.B. It makes new drugs comparable with drugs that have long track records.C. It will allow the pharmacy clerk to dispense another drug instead of what the physician prescribed. D. Itwill not lower the prices of drugs as claimed.

[A] 101 When a physician prescribed a drug without writing down the generic name, the prescription is considered under theGenerics Act asA. violative prescription C. permissible prescriptionB. erroneous prescription D. controversial prescription

[C] 102 The Generic Act of 1988 provides theta physician prescribing a drug must write down theA. manufacturers name C. generic nameB. brand name D. complete chemical name

[A] 103 According to the Generic Act Of 1988, a physician required A. to write prescriptions using the generic name. The brand name may beincluded if so desiredB. to write prescription using the generic name and strictly prohibiting the inclusion of the brand name .C. to write prescriptions using only the brand nameD. to write prescriptions by listing all the brands having the generic active principle.

[D] 104 The pharmacist must take possession of prescriptions of all kinds of drugs after deliveryof the medicine. Which is NOT correct?A. if a patient insists for a copy, he may give him a duplicate or xerox copyB. the prescription is the property of the hospital who employed the pharmacistC. pharmacist has no right to retain the prescription if no medicine has been deliveredD. he has absolute right to retain the prescription as part of his business record

[C] 105 A prescription containing the phrase “NO SUBSTITUTIQN ALLOWED’ is consi-dered under the Generic Act as.A. mandatory prescription C. violativeprescnptionB. restrictive prescription D. impossible prescription

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[B] 106 Repeated violation of the Generic Act is penalized byA. reprimand and warring C. complete revocation of license to practiceB. suspension of license to practice D. imprisonment medicine and fines

93 Medical Jurisprudence Legal Doctrines in Malpractice

107 Under the Generic Act, the physician making a prescription should NOT write [D]A. the generic name in bold letters C. the name and address of the patientB. the brand name D. the phrase ‘No substitution allowed”

108 A drug manufacturer may be held able for injury to patient administered a drug if there is failure [B] A display prominently the generic name in the label C. indicate expiry dateB. test the drugs property before marketing D. indicate ingredients

Legal doctrines in Malpractice

1 When a person is responsible for the wrongful conduct or negligence of another, what [A]doctrine is applied?A. all of the three B. ostensible agent C. borrowed agent D. captain of the ship

2 Vicarious liability of a physician refers to his accountability for injury to his patient because of [A]A. negligent act committed by his nurse C. defective hospital equipmentB. failure of his patient to obey instructions D. misunderstanding between him & his patient

3 During appendectomy, a patient suffered phenol bums on his leg due to the negligence of [D] the nurse. Who may be held liable?A nurse B. hospital C. surgeon D. both surgeon and nurse

4 A resident in the Dept of Ob-Gyne saw a patient in the ER complaining of left-sided abdominal [A] pain. She was given mefenamic acid and sent home only to come back in shock for ruptured ectopic pregnancy. The hospital is liable in this case under the doctrine OfA. vicarious liability C. independent contractor injuryB. borrowed servant D. corporate liability

5 The doctrine of vicarious liability involves which of the following person/s as applied to [A]medical malpractice?A. patent who has injured on account D. person who may be held financially liable of the negligent act of someone to the patient for the negligence of theB. person who actually injured the patient person who actually caused the injuryC. all of the three

6 Which of the following doctrines does NOT fail under the doctrine of imputed negligence? [A]A. common knowledge C. captain of the shipB. borrowed servant D. ostensible agent

7 In which of the following instance/s &are the doctrine of common knowledge NOT applicable? [A]A. all of the threeB. inspite of careful examination the physician made an honest error of JudgmentC. when an accepted method of medical treatment involves hazards which produce injuries inspite of care exercised by the physicianD. the management procedure resulted badly to the expected

8 Res ipsa loquitur means [D]A. another case is cited C. the truth of the case is in questionB. the location of the case is somewhere else D. the thing speaks for itself

9 When the injury sustained by a patient is duo to failure of the physician to perform his duty. [A] This is the doctrine ofA. proximate cause B. bad result rule C. calculated risk D. honest error judgment

10 In the doctrine of res ipsa loquitur, choose the correct statement [C]A. The patient may not have to prove the causative act.B. The community or the court must be convinced medically that the act committed is due to negligence.C. The negligent act directly caused the injury kind needs no proof.D. Medical testimony is needed to prove the physician’s negligence.

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11 In the application of the doctrine of res ipsa loquitur, which is NOT valid? [C]A. res ipsa loquitur is primarily derived from the doctrine of common knowledge and are being used interchangeablyB. the doctrine is commonly applied in surgery when the incision is used and some foreign body is left unintentionally and allowed to remain in the patient’s bodyC. expert medical testimony is necessary to prove that a physician has clone a negligent actD. res ipsa loquitur means that the nature of the wrongful act or injury is suggestive of negligence

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[B] 12 In a private hospital, the resident physician, like the nurses are employees of the hospital and any wrongful act committed by them in the course of their employment within the scope of the granted to them, the hospital must be held liable. This is based on the doctrine ofA. res ipsa loquitur C. assumption of riskB. vicarious liability D. proximate cause

[D] 13 The doctrine of res ipsa loquitur and common knowledge doctrine are used interchangeably. Technically, the main difference between the two are the following, EXCEPT:A. in res psa loquitur there is an obvious need for evidence as to both the standard of care and the specific actB. in common knowledge the patient must prove the causative actC. in res ipsa loquitur there is no need of an expert witnessD. in common knowledge there is need for an expert medical testimony to establish standard care

[B] 14 Ordinarily a nurse is art employee of a hospital and any wrongful act committed by her within the scope of the authority granted to her, the hospital must be held liable. However, if a private surgeon enters the operating room of a hospital to perform surgery to his patient, any wrongful act committed by the operating room nurse, the private surgeonmust be held liable under the doctrine ofA. res ipsa loquitur C. assumption of riskB. vicarious liability D. proximate cause

[B] 15 An internist ordered a resident to perform a lumbar tap on his patient The residentassigned became busy in the operating room. The chef nurse did the procedure herself.Which of the following statements is NOT valid?A. if untoward incidents will arise in the procedure, the surgeon is liableB. the only party liable is the nurse who did the procedure on her own volitionC. since the nurse is an employee of the hospital, any liability of the nurse will be passed on to the employerD. the resident is not liable since he was legitimately busy at the time

[C] 16 Under the present laws, one of the following is NOT an employee of the hospital:A. staff nurse B. pharmacist of the hospital C. student nurse D. nurse aide

[C] 17 The following doctrines/theories are applied to immunity for acts of its employees in voluntary non-profit or charitable hospitals, EXCEPT:A. A patient who enters a private charity hospital waives his right to claim damages.B. Private hospitals or charity rendering service to indigent patients without remuneration must be given the same immunity as government hospitals.C. A pay ward patent in the private charitable hospital can claim damages from the hospital.D. The contribution held in trust of the governing body are specifically for the reception, care and treatment of charity patients and there is no fund available for payment of damages.

[D] 18 A person brought ‘action against a physician for injuries caused by the physician’s employed nurse during the course of treatment Recovery against the physician wassought under the doctrine ofA. res psa loquitur C. fellow servantB. borrowed servant D. captain-of-the-ship

[C] 19 A hospital may be held liable for a negligent act of a hospital resident physician under the doctrine ofA. res ipsa loquitur C. command responsibilityB borrowed servant D. doctrine of assumption of risk

[C] 20 A hospital may be held liable for a negligent act of a hospital resident physician under the doctrine ofA. Imputed negligence B. Res ipsa loquitur C. Fellow servant D. assumption of risk

[C] 21 At the time of cholecystectomy, a broken needle was left in the abdomen. A suitof malpractice may be instituted based on the doctrine of

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A. assumption of risk C. res ipsa loquiturB. foreseeability D. contributory negligence

[D] 22 Liability of a resident physician while helping a private surgeon in the performance of anoperation makes the private surgeon liable under what doctrine?A. superior knowledge C. ostensible agentB. common fault D. borrowed servant

96 Medical Jurisprudence Legal Doctrines in Malpractice

23 In a Cesarean section case, a sponge was left in the abdomen. A suit for malpractice was [C]instituted based on the doctrine ofA. assumption of risk B. borrowed servant C. res ipsa loquitur D. ostensible agent

24 In the course of radiation therapy, the patient suffered from severe burning of the skin [B] of the irritated area. The radiotherapist was held liable under the doctrine ofA. assumption of risk B. borrowed servant C: res ipsa loquitur D. ostensible agent

25 A 45-year old female ld breast surgery for CA of the breast with [A] metastasis. She consented in writing to undergo trial of a new chemotherapeutic modality, The patient continued to deteriorate and sued the physician. The physician was absolved under the doctrine of A. assumption of risk C. common knowledge B. continuing negligence D. contributory negligence

26 A private obstetrician was held liable for the fracture of the patients rib caused by [D] pressing of her abdomen by a nurse during child birth in a hospital under the doctrine of A. ostensible agent B. contributory negligence C. foreseeability D. borrowed servant

27 While Incising an abscess on the cheek of a patient, the surgeon accidentally [A] cut the pinna of the nearby ear. The surgeon can be Iiab4e under the doctrine of A. res ipsa loquitur B. calculated risk C. forseeability D. comparative negligence

28 A pathologist, connected and associated with a hospital on salary contract, reported [D] after tissue biopsy theta patient had cancer when in fact he did not. The patient under- went hysterectomy as a result of the misdiagnosis. The hospital was held liable by the court under the doctrine of A. borrowed servant B. captain of the ship C. fellow servant D. ostensible agent

29 A physician incised an abscess on a patient and placed gauze drain to facilitate drainage [B] at its purulent contents. The incision failed to heal on account of presence of cotton fibers coming from the gauze drain. The physician may be held liable under the doctrine ofA. foreseeability C. assumption of riskB. continuing negligence D. contributory negligence

30 A patient had a swollen left eye and was treated for a year by an ophthalmologist without [C] improvement A second eye doctor was consulted who discovered a tiny glass foreign body in the angle of the palpebral fissure, The first physician was held liable becauseA .he did not exercise meticulous investi C of the doctrine of continuing neg1igence gation of the cause of the eye sore D. he failed to administer the effectiveB. he failed to discover the ailment treatment

31 The doctrine which wilt bar a patient from recovering damages because he assents tothe risks of injury: A doctrine of continuing negligence C. contributory negligenceB. doctrine of assumption of risk D. doctrine of sole responsibility

32 A singer was informed of the possibility of vocal cords paralysis if she has a thyroidec- [C]tomy. She decided to have surgery done anyway and developed hoarseness. Thesurgeon was sued but won the court’s favor. Choose the best reason why:A. there was no negligence on the part of the surgeonB. preoperative information the patient was comprehensiveC. the doctrine of assumption of risk appliesD. the complication was inevitable

33 A restless and maniacal patient was confined in a private room of a hospital with [C] windows without lock or iron grills upon order of the attending psychiatrist He did not request the members of the family or the nurse to have a close watch of the patient The next day the patient was found dead on the ground after jumping from the windows

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The psychiatrist may be held liable under the doctrine of A res ipsa loquitur B. assumption of risk C. forseeability D. borrowed servant

33 A 22-year old single, 8 weeks AOG came for consult for vaginal bleeding, arid the [A]obstetrician gave her treatment for threatened abortion. The patient, instead, took.an abortifacient causing her to bleed more. D & C was done, blood transfusion given.The parents sued but the obstetrician was exonerated on the doctrine ofA. contributory negligence C. calculated riskB. continuing negligence D. common knowledge

Medical Malpractice Medical Jurisprudence 97

[A] 35 The doctrine of proximate cause requiresA. a direct physician connection between the wrongful act of the patient and the injury suffered by the patientB. neither natural continuous sequence of events.C. solely the failure on the part of the physician to exercise the necessary skill

[C] 36 An eye operation complicated by infection resulted in ross of vision because the ophthalmologist failed to take adequate precautions for asepsis. He was found guilty according to the doctrine ofA. proximate cause B. assumption of risk C. foreseeability D. vicarious liability

[B] 37 When an accepted method of medical treatment involved hazards which may produce injurious results despite care exercised by the physician, the physician may not be held liable should an injury occur under which doctrine?A. res ipsa loquitur C. doctrine of common faultB. calculated risk D. doctrine of for foreseeability

[B] 38 Doctrine that bans the patient from filing charges against their doctor, when the patient held critical information from the doctor that resulted in error on the part of the patient: A. doctrine of continuing negligence C. doctrine of assumption of risk B. doctrine of contributory negligence D. doctrine of res ipsa loquitor

[A] 39 A patient had an open wound and the doctor gave him a prescription for tetanusantitoxin arid toxoid, then told him to return immediately for the injection Thepatient did riot come back and: a week later, had a full blow tetanus anc died. Thedoctrine that is applicable to this is calledA contributory negligence C. vicarious liabilityB. assumption of risk D. borrowed servant

[C] 40 A patient delivered to a nine pound baby after 20 hours of labor. One day after delivery, the went home against advise and developed postpartum hemorrhage. The patient lost her suit for damages against the physician becauseA. .the patient survivedB. the baby was delivered without injuryC. because of the Doctrine of Contributory Negligence by the patient. She went home against advise.D. the physician gave the right advise

[B] 41 The Doctrine of Contributory Negligence is also known asA. Doctrine of foreseeability C. Doctrine of Continuing NegligenceB. Doctrine of Common Fault D. Doctrine of Superior Knowledge

[D] 42 During esophagoscopy, a patient made a violent move without warning resulting in death of the patient due to the puncture of the esophagus. This is what type ofcontributory negligence?A. contemporaneous C. antecedentB. subsequent D. common fault

[D] 43 The following statements are true under the doctrine of avoidable circumstances,EXCEPT:A. patient cannot recover damages for the aggravated injury of which he is responsibleB. proving that the injured party could have prevented the damages rest on the defendantC. damages cannot be reduced if injured party refuses to undergo a serious operation D. the attending physician is totally liable

Medical Malpractice

[D] 1 The failure of the physician to perform his duty which developed upon him in his profes-sional relationship with the patient and such failure resulted to injury to the patientA. criminal malpractice C. doctrine of respondent superiorB. proximate cause D. medical malpractice

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[C] 2 Medical malpractice primarily consists of four D’s, EXCEPT:A. dereliction B. duty C. denial D. damage

[A] 3 Unless otherwise specified, the term malpractice ordinarily refers to what type of wrongful act of a physician?A. all of the three B. cMl C. criminal D. administrative

98 Medical Jurisprudence Medical Malpractice

4 A physician is liable for malpractice when he has failed to perform his duty to his patient [A] in the following instances, EXCEPT: A. Refers a case which requires a procedure beyond his competence. B. Fails to exercise due care and attempts to exercise the skin he knows he does not possess C. Fall short of the standard of practice and the patient suffered injury. D. VioIates the privacy of his patient

5 In the “substantial factor” test to determine the causal link between negligence and injury. [D]Which is not correct.A. if the negligent conduct was a substantial factor to cause harm, causation is establishedB. all of the three are correctC. there must be a reasonable probability that the injury was due to the physician negligenceD. the mere possibility that the physician’s negligence can cause injury to the patient is ground for damage

6 A physician may be liable for malpractice if . [D]

A. his patient dies D. there is evidence that the physicianB. the patients condition worsens departed from the accepted standardC. the patient does not get well of medical practice

7 Medical malpractice is an offense which falls under the jurisdiction of the [D]A. Philippine Medical Association C. Board of Medical EducationB. Association of Philippine Medical Colleges D. Board of MedIcine

8 Compensatory damages are applied to medical malpractice resulting in death. Indemnity [B]is based on the minimum value of life and other reasons as the following, EXCEPT:A. amount of damages for death should not be less than the minimum value of human life inspite of presence of some mitigating circumstanceB. a recent not an heir may demand support for a period not to exceed 10 yearsC. loss of earning capacity of the deceased, unless before death did not earn due to permanent physical disability not caused by defendantD. moral damages for mental anguish can be demanded by spouse

9 The following instances fails under compensatory damages as a result of [B]a medical malpractice, EXCEPT:A. death C. besmirched reputation/social humiliationB. diminished or loss of earning capacity D. nerve injury with its complications

10 What kind of moral damages result in disfigurement, mental aberration and [B]physical dependence?A fright and moral shock C. mental anguishB. besmirched reputation and social humiliation D. physical suffering

11 To make a physician liable for civil medical malpractice, it must be established in court [D]A. that the physician has a duty to his patient which he failed to doB. that the patient suffered injury on account of his failure to perform his dutyC. that the failure of the physician to perform his duty is the proximate cause of injury sustained by the patientD. all of the above

12 The following factors, among others, may be responsible for the increasing frequency of [A]complaints against physicians, EXCEPT:A. failure of present day physician to apply most modern method of life-saving devices that can give good results because of their high incidence of untoward resultsB. to the breakdown in communication and rapport between the physician and his patientC. some physicians in their desire to earn undertake sophisticated procedures in diagnosis and treatment in spite of their limited trainingD. can be attributed to the unwise comments or criticism with regards to treatments given to patients by other physicians

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13 The contributing factor for the increasing number of malpractice cases against the [B]doctors areA disappearance of family physicianB. loose talk by doctors and disappearance of family physicianC. neither of these are correctD. talks by doctors

Medical Malpractice Medical Jurisprudence 99

[D] 14 A post operative renal patient bled, blood transfusion was discovered to bethe wrong type. who is liable for the mistake?A the super’stng pathoogit C. :ao atory tucrnca,n0. the attendwg phycan L Ow hcç:C dnetcr

[A] 15 Injuries or death in Blood transfusion occur due to errors or complication. Which of the following instances s NOT correct?

A. An intern was called by a nurse to go blood transfusion to a wrong patient During the patient suffered chills, fever, headache and became mentally ill thereafter the intern is held liable B. A lab technician employed by the hospital after though screening made an error in labeling the blood type of blood transfused resulting in the death of the patient. The lab technician may be held liableC. A restless patient in shock received blood but about 200cc went into the surrounding tissue as the needle. went out of vein. The hospital was held liable for the negligent act of the ward nurseD. Failure to transfuse a patient when there s extreme indication that blood should be administered may be a causse of liability.

[C] 16 A wrong type of blood was transfuse to a patient who developed post-partum hemorrhage and subsequently died, Who may be held liable?A. the hospital C. the hospital pathologist who directly B. the hospital laboratory technician who supervises the technician made a mistake in examining the blood D. the attending obstetrician

[C] 17 The defendant surgeon saw a nurse shortly after the operation satisfactorily administeringblood transfusion to the patient The nurse, however left the patient in the care of an attendantThe needle came dislodged and the extravasation of blood injured the patient’s armA. attendant B. all of the three C. nurse D. doctor

[C] 18 To be free of a charge of negligent transfusion of contaminated bloodA. the blood should not have been stored more than 30 daysB. the blood should be stored at room temperature.C. a stained smear of the blood should be examined prior to useD. none of the above

[B] 19 A Jehova witness patient develop fetal distress in labor and a Caesarian section delivery was done. Surgery was complicated with bleeding that blood transfusion was advised to save her life but to which she refused. The patient died but the obstetrician was exonerated by the court. Choose the best reason why:A. He did the right treatment. C. He gave the right acuse to the patient.B. The doctor respected the religious D. The doctor was very qualified belief of the patient.

[C] 20 If a newborn child contacts opithalmus neonatum because of the physician’s failure to drop silver nitrate into the child’s eyes at birth, the physician mayA. be liable for criminal malpractice C. be liable for criminal and civil malpracticeB. be liable for civil malpractice D. not be liable at all

[D] 21 Before giving a penicillin injection, a physician inquired about a history of hypersensitivity to drugs and carried out a skin test for sensitivity to penicillin. Both history and skin test were negative. After penicillin injection, the patient developed adverse reactions and died. The physician isA. liable for murder B. liable for malpractice C. liable for homicide D. not liable

[C] 22 A patient was in severe pain and requests for an analgesic. The doctor prescribed a good one but the patient developed severe reaction and died. Is the doctor liable?A. The doctor s not responsible because the drug is supposed to be safe and effective.B. No one is responsible.C. The doctor is not guilty because the patient had an unexpected reaction called idiosyncrasy to the-drug.D. The manufacturer is the one responsible.

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[C] 23 A physician may be held liable the untoward or unexpected effects in the administra-tion of a drug, EXCEPT:A it physician fails to note history of allergy D. if physician fails to stop treatmentB. if the physician fails to test for skin reaction when drug reaction has beenC. treatment was made in good faith observed

100 Rights & Liabilities of Hospitals Medical Jurisprudence

21 When there is evidence that injuries in a patent resulted from failure of a physician to [C] exercise the required degree of care, skill and diligence. the physician can be held liable for A. unethical practice B. professional negligence C. incompetence D. illegal practice

22 A desk fan fell on the big toe f a housemaid. X-ray showed a slight linear crack of the [B] bone of the toe. The attending physician amputated the big toe. The employer of the maid could change the physician before the Board of Medicine for A. mutilation B. incompetence C. dishonorable conduct D. unethical practice

23 During an operation on a patent by a private surgeon, the resident physician assisting him committed an error which resulted in injury tc the patent Who is liable for damages? A. resident physician B. attending physician C. hospital D. no one

24 Which of the following is classified as quantitative overtreatment? [A] A. all of the three B. indiscriminately prescribing medicines having similar effects C. application of cast without any Justifiable reason D. performing cesarean section to a normal uncomplicated pregnancy

25 Damages agreed upon by the parties to a contract, to be paid rn case of breach thereof is what type? [C] A. nominal B. temperate C. liquidated D. corrective

26 Defensive medicine means any act or omission of a physician primarily to avoid [B] malpractice liability, In which instance may a physician NOT be liable? A. orders additional & diagnostic treatment normally considered unnecessary B. hospitalization for a minor procedure as serious complications may occur if done in a clinic C. avoids performance of a hazardous procedure which essential for the patient to recover D. undertaking a hazardous procedure with no medical justification

27 Cause of action for damages for injury sustained may be based on a breach of contract. [C] Which is correct? A. the issue is the negligence of the doctor B. rule of damages is the same as that of a malpractice case C. the expert testimony of a physician is not necessary D. a doctor who makes a contract to effect a cure and uses the highest possible professional skill is not liable if he fails

26 The obstetrician of a pregnant woman faded to attend her at her delivery because he [B] was out of town at the time of childbirth, He could be A. liable for gross negligence. C. charged with dishonorable conduct B. liable for breach of contract D. not liable.

98 The cause of action for damage for injury sustained may be based on a [B] breach of contract Which is incorrect? A. rule of damage is the same as that of malpractice B. the expert testimony of a physician is not necessary C. the issue is negligence of the doctor D. a doctor who makes a contract rejects a cure arid uses

99 Breach of contract can be established with the presence of the following conditions, EXCEPT: [C] A. the contract is not contrary to public policy C. negligence on the part of the physician B. failure to comply with contract’s provisions D. presence of a contract with physician warranty

55 An obstetrician had to go out of town for a speaking engagement and duly informed [A] his patients about this, with a qualified obstetrician taking over. A 25-year old G3P2 (2-0-0-2), previous NSD, 40 weeks AOG, went into labor and had complications. The original obstetrician is A. not liable for anything C. liable for breach of contract B. liable for gross negligence D. liable gross dishonorable conduct

Right & liabilities of Hospitals

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1 A hospital is defined as an institution [D] A. for the reception, care and treatment of those who need medical and surgical attention. B. for the admission and care of those who are not sick but require attention. C. out-patient department not maintained by regularly established hospitals. D. all of the above

Medical Jurisprudence Rights & Liabilities of Hospitals

[D] 2 The primary duties of a hospital are the fooling, EXCEPTA. to furnish adequate and safe equipmentB. to exercise reasonable care in the selection of the members of the hospital staffC. to furnish a safe and we—maintained building and groundsD. has the duty of active vigilance against injury to the licensee entering the hospital

[B] 3 The following are justifiable grounds for refusing admission of patients in a hospital, EXCEPTA. no available room for that particular type of illness, like a psychiatric ward.B. medico-legal cases like car accidentC. all accommodation are filledD. the patients illness is contagious and poses a risk to other patients

[A] 4 A hospital may be held liable for injury sustained by an in-patient because of failure of the hospital toA. provide sufficient number of nurses to C. provide sufficient beds to accommodate patients maintain adequate patent services B. accept enough interns for patient care D. maintain staff training program

[D] 5 Which of the following is/are correct regarding liable of hospitals for the wrongful acts of their employees?A. non-profit government hospital with a pay ward will be held liable for the wrongful acts of its employeesB. proprietary class of government hospital is riot liable for the wrongful acts of its employeesC. all three are correctD. government hospitals established to perform governmental functions cannot be sued for damages

[C] 6 A hospital may be vicariously liable for the acts of which of the following nurses found in a training hospital?A. OR nurse assisting a private C. ward staff nurseB. Surgeon D. special duty nurse

[D] 7 A hospital may be vicariously liable for the acts of the medical star. Which statementis correct?A. attending physician is not legally responsible for the negligent acts of the specialist he calls in to against him in the management of the patientB attending physician and consultant are liable if both took part in the diagnosis and actual treatment of the patientC. hospital is liable for the negligent acts of a resident physician committed during his duty and within the scope of authority granted himD. all of the above

[B] 8 A patient lost the function of his right leg alter the physician assisted by i resident phy-cian was not successful in his attempt to remove a pin fragment from the patients right hip because his procedure was not in accordance with sound orthopedic practice. Who is liable?A. hospital C. hospital arid residentB. physician and hospital D. physician

[D] 9 Which of the following may give rise to corporate liabilities of hospitals?A. patient’s finger was injured when it was caught in a metal while a nurse lowered his bedB. a patient receiving substandard care provided by an independent physician who treated the patient in the hospital emergency roomC. a visitor fell over a box full of weeds and debris and suffered a fracture dislocation of his right elbowD. all of the above

[B] 10 In order that a hospital is liable for an employees negligence, the following requirementsmust be satisfied, EXCEPT:A. the services of the employee are to be rendered in accordance with orders of the employerB. the employee was not chosen by the employerC. the employee must be qualified for the jobD. the wrongful act of the employee mas ue to the functions entrusted to him by the employer

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[D] 11 Which among the following is NOT a primary obligation of a hospital?A. to exercise reasonable care in the selection of the members of the hospital staffB. to provide adequate and safe equipment for diagnosis arid treatmentC. to provide a safe and well-maintained physical plant and groundsD. to ensure maximum security for the hospital in-patient

102 Rights & Liabilities of Hospitals Medical Jurisprudence

12 Which statement is VALID? [B] A. Any physician may bring his patient to a private hospital and treat the patient therein. B. A private hospital has the right to choose which phycars may practice medicine in that hospital.C. Hospital residents under training may treat thr owr’ private patients and charge profesaonal fees. D. Hospital interns are 1egaly accountable for thelr mistakes while rendering modcai cara,

13 In judiciaI hospitalization of insane, a petition for such commitment of a person to a [B] hospital may be fed with the Regional Trial Court of the province where the person

allegedly insane.A. Chief of Police of the town where C. municipal or city mayor where the insane the insane resides residesB. Director of Health D. local social welfare agent

14 Jose Reyes Memorial Hospital is an example of [A]A. government hospital established to perform government functionB. government hospital established to perform proprietary functionC. private charitable hospitalD. private endowment hospital

15 Which rule or principle is applied by courts to determine whether or not a hos- pital is vicariously liable for the negligent act of the resident physician? A professional or medical duties C. administrative or ministerial duties B. control over employee D. all of the above

16 Which of the following statements is NOT valid? [B]A. A private hospital has the right to select which licensed physician may use the hospital facilities for the treatment of their patients.B. A private hospital may require that a licensed physician lust become a member of the legal medical society before he can use the hospital facilitiesC. A government hospital may riot curtail the right of a licensed physician to use the

hospital facilities for treatment of his patient.D. Both government and private hospitals have the right to promulgate rules and regu- lations regarding use of hospital faciities.

17 With regards to the right of the physician to avail of hospital services, which statement [B]is NOT reasonable?A. both private and public hospitals have the right to promulgate rules and regulations as to the use of hospital facilitiesB. a physician must be a member of a local medical society as a requirement to have certain hospital privilegesC. a hospital may forbid the performance at a major operation without the presence of

a staff member of designated classificationD. managing authorities of a private hospital has the right/discretion to exclude licensed physicians from the use of the hospital

18 Regarding self-regulation of a private hospital, which statement is correct? The Governing [A]Board:A. all of the threeB. has broad powers to refuse to admit a physician to its medical staffC. may exclude a physician who had been previously admitted to the medical staff in a private hospitalD. must give cause for dismissal and conduct hearings of the charges against a physician, otherwise a physician may use the facilities provided he follows a reasonable mules and regulations

19 An invitee is one of the persons coming within the premises of a hospital. Which is [A]NOT correct?A. a patient entering premises where he has been warned not to enter is an invitee

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B. hospital is required to make the premises safe for inviteesC. a hospital is liable it ran invitee sustained an injury due to improper upkeep of groundsD. a private nurse hired by a patient is an invites

20 One of the persons coming within the premises of the hospital is a licensee. A licensee [A] is one a customer, a servant or a trespasser and has no contractual relation with thehospital but allowed to be within the premises for his own personal convenience. The

best example of a licensee isA. food vendors B. visitors of patients C. blood donors 0. private duly nurse

Medical Jurisprudence Rights & Liabilities of Hospitals 103 [D] 21 A person permitted expressly or mph .ity to come vitrici the premises of the hospitaI for his convenience is cailedA. busmess visitor B. icorrse C trespassee D. invitee22 A private medical practitioner wflo treats a patient in a hosprtal S not cor dered to be under the unsdiction anc control cf the hospital insofar as his activities are cOncerned and, therefore, any wrongful act he commits which causes injury ro the pahent. ho hirnsetf must be held ilable. He is considered egay as anA. invitee B. consuitarit C. independent co!itraotor[D] 23 Who is NOT considered an ‘invites” of a hospital?A. private nurse hired by an inpadent C volunteer nurseaideB. atteneing physician D. vi5tor or patient[1 24 Who is considered an invites’ of a hospital?A. food vendor B. patents watcher C. attending phycian D. food vend.Dr25 Who s considered as ‘business visitors of a hospital?A. food vendor B. patients watcher C. patient’s visitor D. attending phyiician26 A private nurse hired by a hospital patient a allowed to enter the hospital premises as a A, trespasser B. in’vrtee C hcensee D. bounwed servant27 Who is considered a licensee’ of a hospital?A hospital canteen cncescionaire 3. staff nurse C patient visitor D. biood donor28 A person wrio is within the compound of a hospital and is neither a customer or anemployee his presence is merely tolerated by the management of the hospital is calledA trespasser B. invites C, licensee D. observer29 A patient in the charity ward refused to leave the hospital nsplte of the fact fuittierehosptazaton :s no longer needed. The hospital administrator majA order for his physical ejectmentfiom the hospital.El. request a peace officer to bring him out of hte hospital compoundC. request a social welfare instilution to get the patent for coiinernent in any institution fcr charityD. request the court to issue an order for his immediate arrest and confinement in jail.30 A medical director of a hopital wanted to discharge a Cesarean section case 3 days postoperatively to economize on expenses. The attenciing physician refused to discharge the patient on the grOunds that the risks are high. Who is ethically correct and why?A the medical director has the option to device ways to make the hospital surve, SO he is ethicalB. the law forbids the hoopitat to discharge a patient against hr willC. it depends whether a patent is private or charityD. in the treatment of confined patient, the prime consideration is the medical care and recovery. Business considerations come only second.31 A medical director of a hospital prohibits the hospital staff from treating emergency cases who cannot pay. Where may an administrative complaint be filed against hrn?A. Regional Trial Court C. Professional Regulations CommissionB. Philippine Medical Society D. Philippine Hospital Association32 A patient can be legally detained by a hospital agaut his will ifA. The patient cannot pay thee hospital bill in full.B. There s probable danger to the patient’s life if he is allowed to cave.C. There is need for an autopsy should the patient die.D The patient has a highly communicable disease,33 A patient maybe detained legally by a hospital in the following conditions, EXCEPT:A. when the patient is insane D. when the patient is aB. when the patient can not pay the bill prisoner of the stateC. when the patent is in the hospital pør court order34 Which is NOT a liability of a hospital?A fadure to provide safe and wtl-maintained C. fadwe to select carefudy the physiciansphysical plant and grounds allowed to’practice inthe hospitalfailure to furnish safe arid ratable equipment D. failure to protect patients from a,saasins

104 Erwijencios in Medical Pracrie Mcai Jurixknce

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35 Which of the follovAng statements iS NC) I ,ad? [A]

A. Patents no onger requhng confinement may zonunue ins jerice n the rIOsrtaI ever;

though they can not pay theW hit)s

B Nurses employed by the hcsptal are the responsbety of The sprta as er as their

dignatod functions are.

C A hospital rriay choose physicians who may practice therein

D Residents in training hospitals may not admit their own pnate patients in the hOspital

where they are being trained.

36 A patient who was comatose and under mechanical ife rpiportinq system Bronout (B]

detuped and the machine stopped. The patent dred. Chcooe the aet answer as to vho

who was reponsie:

A. The persen wno ordered the brown out C. The person who caused the hown out.

9 The hosprtal who had the equipment. D. oroe majeuro, no one was rosponaibie,

37 A patient wno was on strict bed rest was beinçj restrained by en orderly from getting out [8]

of bed. Because the patent was bigger & stronger, he overpowered the ordody but fell on the

ficor & died. The hospital was sued. Give the best reason why the court smissel the case

A. the patent was a psychiatric case C. the incident was accidental

B. the patient took his own risk when he D. the patient died of coconary oueon

disobeyed the doctors order not of the a1

32 A patent had a biopsy of the cervix and the hospital pathologist made a diagnesis of [C]

cancer of the cervix. A Wentheims operation was done and findings revealed no cancer

of the cervix. The hospital was sued for the error in diagnosic ind was made to

indemnify the patient based on

A. error of the department of pathology C. doctrine of ostensible agent

B. mental and physical anguish of D. expenses of the patent whh

the catent white in the hospital shouid not have been

3 A gynecologist performed a total abdominal hysterectomy on a patient with myoma of the [B]

uterus. Before closing the abdomen, he discovered that the patient had cancer of the cecum

so he refers The oatent to a general surgeon to perform the other operatien. Three days

postop, the patent had to be reopened and a piece of gauze was found. Who

A. the nperating room nurse afld the hospital C. the gynecologist

B all of the bove . D. the secono surgeon

The cñnicai records of a patent before and after discharge is owned by [A]

A. hospital B, patient C. attending physician D the state or govennn;ecit

Regarding hospital medical records, which of the following statements is NOT true?

A. the physician has the legal right to determine who shall and who shad not sea

the.medical record

B. personi with legitimate interest in the medical records the patient himself,

may be provided with an abstract

C the medical staff, residents may freely consult medical records for research purposes

D. when specifically authorized by the patient, xerox copies of the record may be given

-: Which statement is valid? [A

A. A patient’s clinical record is privileged communication.

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B. A hospital may release a patient’s dinical record without his consent,

0. Every citizen has the right of access to a patent’s clinical record.

D. A patient’s clinical record kept by a hopita1 belongs to the attending physician.

-: All are instances when the conter’tts of the medical record may be disclosed, EXCEPT: [A]

ê. requested by the patent or someone C. law required such disclosure as in a birth

acting on his behalf in writing certificate

9. upon -rder of a court C), after approval of the attending physocan

A former hospital in-patient requested access to hta dllnical records but was [9]

refused by the hospital administrator. He can file in court for an order of

A. certiorari B. mandamus C. legal claim D. injunction

Emergenck..s in MwJIcaI Pitice

in an emergency situation when the patent is unconsious, which [B] characteristic psychological pattemls of physician-patent relation exists?

A. all of the three C. mutial partcipation relation

B. actMty-passivity relatiQn 0. guIdance-cooperation relation

ModJcaI JLirprudwics 1 Ii Practke IL.5

1BI 2 A physcan s free to choose he prt whcn L ve. ne may eftse calls or other medft.dt SCihu for edOfl ¶3t5kctoy’ to hS ccscence. 1wever, n obliged to respond to any reqL’est for sstanc i n emergnc’g. Bu a phys.icari may st refuse to eUetd to rnergency cases when

A. the patent is his fc.mEdable rhal in politks, iov ‘r buries

B. attending to such emergency c rnicht pose as a threat to the lfe of the phyioan

C. the phcian thinks thxt the patient has ho capacity to pay D the phican is busy analyzing an important scenthic

[D] 3 In an emergency, members of the famy called derent phycains. Who hal1 at as phcar-in-charge?

A. exptnenced and competent, C. 1 ho phcaii most busted by the feniy.

B. The physicancustomanIy atten& D The physicianwho arrived first in enrer ing the family in case of sickness . to he famirys calI

[0] 4 Which of the foowing statements a NOT vad’

A. In case of emergencyf a re’sdent physician may treat the hospital patient of a consuttant without the latter’s knowledge and consent.

B. A physician who is called upon ‘toattend a patient of another physician because of an emergency should attend only to the immediate needs of me patient.

C. in anemergncy case riot within the specialty or expertise of a physician, the physician should at least administer first ski before referring the patient to a more qualifisc physician.

0. When in an emergency several physicians were ca.o at the samiiriie by the fami, the most competent physicians among those who come shall be considered t phycian-in-charge..

[D) S A physician should never examine or treat a ho tafized patent of another

physician without the Iatte?s knowledge and consent, EXCEPT

A. The atient expressedly asked him to do so n Lhi absence of the attending phytrician.

B. He is a relative pf the patient

C. He will riot c arge the patent a professional fee

D. In case of emergency, the atondng physician a not eadiy awIabie.

[C] 8 Which statement is NOT validO

A. A physician is free to choose whom he will serve

B. A patient oan discharge his attending pnysican any time.

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C. In ase of an emergency, the a:tending sicran should gflt away roer the the paaent to a more quabted physician, if the case does oct fail unoer his expertise

D. A physician may charge another physician a piofesional fee if the ohysio.an patient is not practicing medicine but enaged solely n business.

A. the physi&an should’etue to handle the case.

B. the physician should treat the ‘casC’as if hewere a specialist in the reevant field.

C. the physician shou’d right away refer the case to a soecialist

0. they phys4cijin should at least administer first aid before referring the patient tn a spetheilat.

[DI 7 in emergency operabons, the following are instances when an informed consent need NOT be obtained from the patent Which statement is NOT correct?

A. the surgeon irithe exercise of his best judgment believed that the injured person wiB be seriousty impaired in health untes an operation is performed

B. the situation must be such as it vdooid make it ictualty and apparenity necessary to act before there is an opportunity to obtain consent

C. it is recommended that the surgeon must hold coraultation with one or more physicians to obtain their opinion

0. The injured person need not he unconscfoijs

[C 8 In emergencies in medical practice, which of the fciltowing cases is NOT valid?

A surgeon performing ceserean operation discovered a fibroid uterine tumor. He may not be neld liable for tying the fallopian tubes since a succeeding pregnancy migl’it sirpose

patient to additional hazards. ‘ .‘ . ‘, .

B. pat3ent Consented to an operation. An instrument broke arid leftin the body of patient through. no fault of the physician. Physician justifled in eictending operation to remove instrunent thout patienift ccnent

C f the three are NOT valId . . . ., , ..

0. a reede that could not be located after 20 minutes àf search in en abdominsi operation w removed after xay showed it in the pelvic cavity. Physician was riot liable for operation without consent fr eopentng.

10$ D.Iegaton of Physicians Duty - Meduical Jwithwc-e

9 Regarding consent for treatment piocedure to a patient during emergencies, which is [0]

correct?

A. an emergency does not always infer that the phcian can perform any treatment

B. physician is morally obliged to convince the patient telling him of the iitabie

to a patient consequences of his refusal

C. when a conscious patient in full pcasasson of his mental faculties refuses treatment,

the physician must desist from doing something to save the life of the patient

D. allofthethree

Deiegaflon of Physicians Duty

Ghost surgery s commrtted when [A] A the physician who performed the operation on a patient is riot the physician

whom the patient consented to do the operation.

B. when an operatiri is said to have been performed when in truth and in fact nothing was done to the patient -

C. when the physician considered the operation as an emergency although it is only an elective operation.

D. when the physician performed an operation beyond what has been consented to bythe patient

2 A surgeon allowing another surgeon operate after telling the patient that he is [B]

the one who will operate is a fraud that is unishable by

k redusion temporal C. forfeiture of the professional fee

8. revocation of the license to practic 0. a fine

3 In ghost surgery, the operating surgeon may be held liable for operation without (0]

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an informed consent and because of his assauttive act may also be able:

A for immoral conduct C. for unprofessional conduct

C. for unethical conduct D. criminally for physical injury

4 A physician is an internist and his patient requires surgery. He refers the latter to a [A]

surgeon. Ethically he is entitled to

A. a medical report from he surgeon who operated

B. the right to charge the patient for all services arid then pay the surgeon himself

C. perform the operation himself under the name of a surgeon friend

D. a percentage of the professional fee involved

5 In ghost surgery, the liability fats on [Al

A both the contracting physician and the surgeon C. contracting physician

B, hospital 0. nurseondutyinO.R.

8 A surgeon who makes a series of operations in a place and leaves the post- [B] operative care to another physician whom he trusts is called A. “kangaroo practice in surgery C. hospital based practice

B. rodeo circuiting practice D. none of the above

7 An internist treated a patient for bacterial colitis but later referred to patient [El]

to a surgeon who performed an appendectomy inepite of the request of the

patient that the internist perform the surgery himself. The internist is

A guilty of breach of legal duty C. guilty of abandonment

B. not liable for his failure to operate D. guilty of breach of contract

8 Which of the following statements is NOT valid? [D]

A Simple hypodermic injections may be delegated by a physician to a nurse.

B. A nurse-anesthetist may be ordered to apply anesthesia on a patent in the

course of an operative procedure.

C. A patient may refuse to have a physiciaWs service delegated to someone else.

D. A ward nurse may be ordered to do a lumbar puncture in the absence of a physician.

9 Wrth regards to orders of physicians ven over the telephone, vtnch statement is VAIJD? (C]

A A nurse may Implement e phyidans order given by telephone even if she

entertalne doubts as to its appropriateness because the physician so ordered.

B A doctor may order a prohibited drug over the telephone In the case is an emergency.

C. The practice of physicians of giving telephone orders should be discouraged and be

allowed only in cases of emergency.

D. A physidian may prescribe or order the pharmacy ti receive a prescription for patient

over the telephone.

Medical Jspudnce DeIegaion of Ptiycan Duty 107

[Dl 10 An old patient was confined in a private ospitai and employed a special duty nurse becausehe was cautioned by his attenctirig physician not to leave his bed unassisted, One night, the special nurse went o eat supper without getting a reie’er so that the patient attempted to procure the bedpan artd in so doing slipped on the f’oor and sustained a ftacture. Who is liable for th njtry?

A. physician B. patient . C. hosptal D. special nurse

[D] 11 Delegation of duties by a physician is NOT valid under whch of the fcowing situations?

A. when proper instructions are given in ielaton to the job

B. when delegated to someone competentfor the job

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C.. wIth the approval of the patient or relatives

D.. when the physician-patient contract signified personal services to the patient

P1 12 A surgeon had an agreement with a patient to perform a surgery but played only a minor role in the operaton as surgery was done by another surgeon. He may be held liable for A: kangaroo practice . . C. criminaliy liable for physical injury

B. negligence D. breach df contract

[B] 13. A forty-year old patient wrtl vaginal bleeding went to an olstetrician, D & C was performed after laboratory tests inciuding blood sugar was requested. A day after the operation, the results of blood sugar was high so the obstetrician referred the patent to an internist The obstetiician left for another province inspite of the patients refusal for her to leave The patent died of acidoss and ketizsis, The obstetncian is guilty of A. not guty B. breàch.of legal duty . C. abandonment D. breach of contract

[Al 14 Which of the fodowing statements is NOT valid?

. generally the attending physician is legally responsible for the act of the specialist he

calls in to assist hin’ in the manageme(it’of the patient -

B. the attending physician should exercise due care in the selection of consultants

otherwise he may be held liable for the wrongful act of the consultant despite the fact

that the latter acted’as an independent ‘contractor.

C it is the ethical duty of the attending physician to solicit the services of another

ph.ysician when he encounters difcutty in diagnosing or treating a case.

D. the attending physician may be made joiny liabl€ with the consultant if he partici-

pated with the consultant in rnakihg the diagnosis, and, actual treatment of a patient

[CI 15 In difficult and serious cases the attending physician should always request ‘and ask

consultations. Which a statement is NOT correct?

A the attending physcian should select a physician with special training and experience

in a particular tine ,‘ . . .

B. only expenenc p’iysicians, senior to the attending physician in a particular line of medicine, should be selected

C. consultant may take further charge of ‘a case referred to him even without the consent of the attending physician .

D. in ‘an emérgèncy äridthe attending physician is not available, the consultant should

attend to the case Unti the arrtval of the former

(CI 16 Regarding non-referral Of a patent to’a specialist, which statement is NOT correct?

A. only senior, experienced physicians with special training should be selected by the attending physician as consultants

B. should be referred to physician “B” if physician “A” knows that the case is beyond his ability, krjowedge and capacity,to treat.

C. if patient nt respoñsve to treatment, it infers legal duty of attencing physician to refer patent to another . .

0. if patienra condition can be property solved by the attCndin physician, he is not obliged to refer the case to a specialist

:A] 17 , In serious cases difficult to treat, a physician must (choose the best answer)

A. inform the patieit’ and family and seek’‘ C. ca for a cdnuttation with colieagues the assistance of colleagues in consultation D. refer to another physician

8. withdraw from the cae

D] 18 Wher an attending Øhysiian .becmes l and cannot attend to his patient,

which of the following statements is NOT appicabW?

A He may allow the patient to chose ançther physician as his substitute.

B. He may recommend a competent substitute to taKe his place.

C. He is obliged to give notice of his inability.

0. A substitute desired by the patient relieves the attending physician of any liability for the ac’of the substitute’physician.

108 Transp(antatlon FscUIIfy Coirf,I

Page 42: Practice of Medicine Medical Jurisprudence 67

Uedkal Judspdce

19 Physcan A” performed a closed reduction on the fractured femur of hs patient [CI

and aesigned physician B” to piece traction on the pabenrs leg which dId not heal

properly as the weight of the traction was inwlQent Physic.an A vtsited the

patient for four days before he went of a vacation. Who can be held ab1e?

A physician “B C. both phys4cian “A and

B. physician A” D. the hospital

19 Which of the follolng statements is NOT valid? A physician can vatidly delegate his duty tCI

to other persons provided the following requirements are satisfied.

A. The person to whom such duty is delegated must be competent to perform audi duty.

B. A physc4an who delegates some of hs duties to las patient must see to it that the proper,

adequate and sufficient instrjctons are gWen to the person toperform such duties.

C. The patient need not consent to such delegation of duty.

. Such duty of the physician can velidy be delegated edn wiU depend on the circumstances

of the case, nature of duty to whom the duty is to be delivered.

20 When a patient is referred to a consultant, the foowng is NOT vad:

A if an emergency occurs and the attending physician is not available, the consultant shall attend to the case until the arral of the former.

B. course of treatment outhned during consultation may be changed anytime by the attending physician being in-charge

C. attending physician shouki give consultant d the necessary information relating to the case.

D. when a consultation is over, the physician designated In-charge shaN care and treat the patient

21 A physician refers a patient to a specialist and receives a share in the fee peñd by the patientto the specialist This is known as

A simple contractual fee B. referral fee C. contingent fee D. fee apittirig

22 An attending physician asked his employed physician assistant to see his [C]

patient while he was on another case, Which of the foowing statements is VALlEY?

A. The assistant is not entitied to compensation.

B, The patent is obged to pay for the professional fee of the assistant

C. The attending physician is responsible for the assistants compensation.

D. Patient and physician share in the assistant compensation.

Human Transplantation & Fertility Control

The following are the basic principles in human transplantation, EXCEPT: [C]

A. human body tiles to reject transplanted tissues soon aer transplantation.

B. human body regards transplanted tissues as foretgn bodies.

C. the lesser the genetic difference between donor and recip4ent the more rapid and vigorous the rejection reaction

0. the probability of success depends on the type of tissue or organ and rapidity of its removal after cessation of circulation of the donor

2 Transplantation of tissue from one part of the body to another part of the body of [DJ

the same person, ke skin grafting from an unburned area to the burned area of the same

indMdual is caNed

A xenograft B. aliograft C. isograft D. autograft

3 Which of the following organs may be transplanted even several hours after [A]

removal from the donor as rejection is wtually non-existent?

A. bone B. heart C. lIver 0. kidney

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4 Based on the relation between the donor and recipient, under what classification [0]

does &logreft belong?

A. Tissues from one part of the body to another part of the body of the same person.

B. Transplantation between genetically kientical persons.

C. Transplantation between different species.

0. Transplantation between genetically non-identical member of the same species,

5 The following are requrramanta for a valId authorization to detach, after death, [C]

human organs for medical, surgical and scientific pwpcmes, EXCEPT:

A specdyorganorpwtofbodytobedetached’

8. written authorization specif1ng pemori or institution granted pemtisaion

C. a. copy of the suthodzstlon must be furnished the pco*tci fiscal

0. must be signed by the grantor and two disinterested persons

Medical Junspnidnce Thwspiarrtation Fertility Cornrol W9

(C] 8 Donation of orgari/lisues for tran planttion which will be removed from the dead body is provided by R.A. 1056. Which statement is vad?

A. Any adult grantor may validly authorize to detach any time after his deat, any organ or parts of his body to be utrzed for scientific purpose,

B. If the grantoris a minor, the authorization may be executed by his guardian with the approval of the court.

C, After death of a person, the head of the ho5pital who has custody of the deceased, may qrnt authority to use any portion of the body, after exerting reasonable effqrts to locate the guardian or re1?tes.

D The consent of the husband of a married wo.rran must be obtained.

[C] 7 Which organ must be transplanted immediáty after death to attain possible succera?

A. bone B. blood vessels C. kidney 0. cornea

[A] 8 Before death, who can grant permission to detach, after death, hurriari parts for sdentic

purposes

A. a married woman with the consent of the husband

B. a miror may grant permission being his own body

C. a married womanwithout the consent of the husband

D. guardian of an incompetent minor

[B] 9 The foflowing persons are permitted to detach organs, or parts of humans for medical,

surgical or other scientific use, EXCEPT:

A. medical or scientific institutions C. licensed phicians arcl surgeons

B. commercial parties 0, knoin scientis

[C] 10 One of the incentives ptovided bylawto encourage popleto subjectthemselves

to surgical sterilization in order to decrease the rate of growth cf population is

A. surgical stenliztion may be done in a hcstals free of charge

B. anyone who submits to surgical sterilization is given tax exemption pnecjes

C. surgical sterilization expenses are corripensable under Medicare

D. person submitting to surgical srthzation will be given priority irt the allocation in the housing program

11 Which of the following instances s NOT a source of liability in surgical sterilization?

A. A person voluntarily allowed the performance of tubal ligation because she had seven children all delivered by Cesarean section. Nine months after the ligatiOn she became pregnant and repeat section revealed one intact tube

Page 44: Practice of Medicine Medical Jurisprudence 67

B. all ofthethree

C. An 16-years old married maii who was suffering from myasthenia gravis underWent vasectomy because of his medical condition. Later, he said that as a minor he could not give consent for operation

D. The wife of Juan filed a complaint against a surgeon who did a vasectomy in his office and riot In the hospital. Juan developed hernorthage and died.

[0] 12 An obstetrician performed tubal ligation on a mother ‘thth 3 live children. Subsequecitiy, th woman becfame pregnant and nave birth to normal baby. Which of the foowing statements is valid?

A The obstetrician, is liable for neçigence. C. lhe obstetrician is iable because surcal

B. The obstetrician is liable for incom- steriliZation is prohibited by law.

peterice 0. The obstetrician cannot be held liable.

[B] 13 Which of the following statements is/are correct regarding eugenic sterillzatiori?

A. performed when pregnancy would caue serious hazards to the life and health of the female patient

B. performed to preient the conception of children, who may inherit physical ormerital defects

C. includes sterilization which are unavoidable in the treatment of the patient. like oophorectomy to prevent spread of breast äancer

0. done for the convenience of the couple without therapeutic justification

[0] 14 According to tte opin ri of the Sedretary of Justice, vasectomy and tubal gation although they are intentionally done and results to deprival of a person’S reproductive ojgsnis not mutilation bedause

A. the organ of reproduction is riot vital to preservation bf the hfe of a person

B. the operatoncldes hGt cause deformity or a condition of ug’iness

C. sex potency in the operation is not destroyed but only a condition of sterility develops

D. mutilation means clipprng of or Iop4ng off a part but in vasectomy arid tubal ligation the tubes are merely cut and ligated

110 PhysicIan As Witness in Court Afe4Jcal Ji.nce

15 Therapeutic sterizabon indud8s ster*zation which are merely incidental or [C]

unavoidable in the treatment of the patient Which instance is NOT so?

A. oophorectomy to prevent spread C. when pregnancies would present a serious

of breast cancer hazard to the mental health at this patient

B. orchidectomy in prostatic cancer D. vasectomies poor to prostatectomy

16 PD 79 provides as one of the objectives of the Population Commission, to make avaiI. able all acceptable methods of contraceptioj to limit pregnancy. Which is NOT acceptable?

A. insertion of hiD B. s.ircal seriation C. contraceptive pilis D. abortion

17 A physician cannot guarantee complete success of sterilization by vasectomy or (0]

tubal Ugatian because of which of the fotowing reasons?

A the cut yes deferens may reanastomose C. presence of accessory yes deferene

andbecomepatent 0. afloftheabove

8. potentiality of residual sperm in the seminal vesicle

18 According to RD. 79 (PopulatIon Commission Law), the Philippines adopts alt methods of ID]

birth control, EXCEPT:

A those that are against the teaching of the C. surgical sterilization

Christian churches D. abortion

B. those that are not natural and with body manpulatton

19 Which of the following statemen is NOT valId? (0]

A Tubal ligation is included in the Philipçne population control program.

B. Tubal ligation performed in a Catholic hospital is not punishable under law.

C. Tubal ligation does not completely guarantee pregnancy prevention.

Page 45: Practice of Medicine Medical Jurisprudence 67

D. Tubal ligation is under the purAew of mutilation as defined in the revised perish code

20 Consent must be obtained before the application of contraceptive procedures. Which is [B]

NOT correct?

A expressed consent may be oral or written C. may be made expressly or impliedty

B. consent of the other pouse is not legally D. must be an informed consent required and procedr.ire may be done

even if the spouse refuses

21 Which of the toliowing contraceptive methods is classified as physiological? [DI

A. aerosol foam tablet , progesterone releasing IIJD C. “morning afte(’ pill 0. rhythm

22 A type of modified sexual intercourse used asa conti-aceptivmathod consietsof normal [C]

unprotected coitus upto the point of ejaculation when the man exerts pressure on his

p rineum so asto cause the spermatozoa to be refiuxed to the bladder. This is

A. coitus sexonicue B. coitus de rectum C. coitus reservatus 0. coitus interwptus

23 Modified sexual intercourse as contraceptive method, EXCEPT: [0]

A. coitus interrupttts C. coitus rectalls

B. douching-after intercourse 0. complete abstinence

24 After having realized the number of chdren a couple wanted, the wife requested verbally [B]

the gyeecologist to perform on her a bilateral tubal ligation. Three years after the application

of the surgical procedure, the wife became pregnant and gave birth to a normal child. The

The gynecologist can be civilly charged for damage for

A negligence in the operative procedure

8. breach of contract to sterilize

C. gross misconduct or conduct unbecoming of a phyaician

0. criminafly for physical injuries on account of the operative procedure

25 WhichatatementiaVAuD? [8]

A Abortion should never be performed under whatever circumstances.

8. Tuba[ligation for pregnency prevention is forbidden by the Catholic church.

C. Vasectomy is prohibited rndec Phdlpplne law.

D. The World Health Organation has banned the use of Depoprovera.

Physician 4. lkdksl Witness and the Court

1 When cahleci upon bythejuddauthorlties, thefolIow4nQare duly boundtd assietin [01

the administration of Justic. on metem which em mØcp4egal In character, EXCEPT:

A. health workers. ,,,, C. ayneàoloai.st

B. physician’ eneipracrice ..:..oftheabove

MdicaI Jurisprudence Physician as k4tness in Court 111

ID) 2 It is the obhgabon of the peo to cornpy with court surnrrions to testify and assist in

the administration of justice. Which is correct? A physician

A. may be summoned to appear before the trial of a case and testify on mdttem

needing technical medical knowledge.

B. s not mntne to this obligation.

C. may be required to tesUfy on medical matters before admintiabve bodie with

• quasi-judicial functions

D. all of the above

Page 46: Practice of Medicine Medical Jurisprudence 67

[B] 3 The following are formal written reports, EXCEPT:

A ncropsy report C. medical examination report

B. death certflcate D. none of the above

(C) 4 Arraignment is, when

A. the accused is being examined for his statement

B. the premrnary investgation is conducted

C. the accused makes his plea in court

D. the cross examination is conducted by the lawyer of the other party [AJ 5 The first stage in the examination of a mediàãl witness in court is the

A. preliminary examination C. cross examination

B. direct examwiation ., . . D. physical examination

[B) 6 A subpoena requiring a physician to appear in a tnal or hearing is a

A. special subpoena C. subpoena duces tecum and testificandum

B. subpoena d testificandum 0. subpoena ‘duces tecum

[C) 7 A valid subpoena should have the following requirements, EXCEPT:

A should state the name of the court

B. should state the title of the action or investigation

C. should be signed by the secretary of the judge

D. should be directed to the person required to attend

tA) S A physician who deliberately refuses to obey a subpoena withcut justifiable reason may be held for

A. indirect contempt . C. no iabthty in a civil case

B. direct contempt 0, no liability because it is not yet under court jurisdiction

[C] 9 How can a subpoena be served to a witness hiding ri h house?

A. a court order is needed to serve it again

B. wait tilLh’e gets into the open and then serve the subpoena

C. the shenff can break into their hou and sive the subpoena

D.serveittothernard. ,

[D] 10 A physician who fails to com.pty wtth a suibpoena sent by the coi.rt Without any jusWlable reason may be guilty of

A, direct contempt of the court Q. civ liabhty for damages

B. criminal act by orliission . 0. indirect contemp of the court

[A] 11 Asubpoenaissuedbthecourtofitsverynatureis

A. an order commanding a person to appear before a court.

B. a request for. a pèro.n to appear before a. court.

C an invitation to a péisn to appear before a cotr1

D. an appreciative dØre of the court for the person mentioned to be present in tha juclcial proceeding. , ,

A] ‘12 Deliberate failure of a physician to appear in court when summoned is a ground for the

suspension or revocation of his certificate of registration according to the irculrisued by

the Professional Regulation Commission inasmuch as the act is

A unprofessional or unethical conduct . C. serious disregard of the interest of justice.

B. willful defiance of the interest of justice. 0. immoral or dishonorable cqduct

[A] 13 The following are the rights of a rasp nden phsyician undergoing adminlstTative

Investigation, EXCEt: • .

A. happ .ight to confront or to cross-exarriine wit esses against him

Page 47: Practice of Medicine Medical Jurisprudence 67

B. to nipted from beig a witness against himietf.

C. to be represented by counse4 or be heard in person

D. to have a speedy and public hearing

14 A court order which requires a physician to produce before tha court the record of a patient [A]

treated try him is known as

A. subpoena duces tecum C. injunction

B. subpoena testificandum C). mandamus

15 A physician may be presented in court as an ordinaiy or as an expert witness. He [A]

is only considered as an ordinary witness

A when he is asked to inform the court of what he perceived in the course of

the physical examination of the patient

B. when he is asked to gtve onions based on a set of facts.

C. when he is asked to answer outside of the issue in consideration of the court

D. when he is asked questions regarding his personal qualifications as a witnesa

18 The minimum qualitlcat3on of an expert medical witness in court is IAI

A a graduate of medicine duty authorized to practice mc<iic.ne in accordance with the laws

of the country.

B. a duty authotzed practitioner of meditha after a sufficient number of years

of practice of the profession.

C. a practitioner of the healing art and must be a spalist of any branch of medicine.

0. a practitioner of me&ine and must have been a specialist on the ne he is testifying.

17 The fouowing may qualify as an expect medical witnees, EXCEPT: AJ

A a medial intern of an atNiated hospital

B. a government physician in a hospital

C a surgeon called upon to be an operator on a victim of vehicular accident

0. none of the above

18 When a medical witness is teetiting in court, he is considered an expert witness when tD]

A he is asked of the different facts that he perceived in the course of his examination of

the patient or dead body.

B. he is asked which part of the human body was irivoMxl in the commission of the crime.

C. he is asked of his previous experience arid training.

D. he is asked to render his opinion on the set of facts presented to him,

19 The physician as an expert witness in a court litigation is obliged to [0]

A act as a witness for his friend, the defendant C. act as a witness for the plaintiff

B. act as a medical reference for everyone 0. act as a witness for the court

20 A physician who testifies in court on matters perAning to his findings on his patient in the [C]

course of their physician-patient relationsNp is considered

A amicus curiae C. an ordinary witness

B. an officer of the court D. an expert medical witness

21 A physician was called to court to assist in the hearing of a case. His testimony was considered as

A autoptic evidence B. expert evidence C. teatimont& evidence 0. associative evidence

22 The following are disqualitlcatlons for persons to become witnesses, EXCEPT: [B]

Page 48: Practice of Medicine Medical Jurisprudence 67

A persons of sound mind

EL persons who have been convicted of a cilme

C. a husband against the wife or vice versa without consent of each party

C). children who appear to the court to be of such tender age and incapable

of bsing a witness

23 A medical witness in the witness stand who vehemently refuses to answer questions [A]

propounded in court may be dedared guilty of•

A direct contempt C. criminal act by omission

B. conduct unbecoming a medical withnesa 0. indirect contempt

24 For making a mockery and maligning the integrity of the judicial system, former President [A]

Estradawibecitedith

A direct contempt C. no liability in his case

B. indirect contempt 0, none of the above

25 WhIch statement is NOT valid? [Ci

A Any person duly licensed to precce medicine may serie as expert medical witness.

B. An expect medical witness may ve an opinion even W he never saw the patiect

C. The physician must be a specialist to quality as an expect medical witness.

0. A physician need not be a specialist to qualify an expect medical w4tnesa.

Medical Jurspnidence MdkaI Act 113

(8] 26 As a witness, in court, a physician may refuse to answer a question propounded to him

if hs answer

A. wiU not be relevant to the case at issue C. wifl antagonize the judge

B. will be self-incrimatoy D. witl blacken the reputation of a friend

[B] 27 The following persons are disquaMie from becoming a witness in court

A persons convicted of a crime

B. children who appear in court to be incapable of receiving correct impression of the facts

C. persons who are erdent beevers of unusual religion

0. persons who are interested with theoutcome of the case

[8) 28 The testimony of tti medical witness in court may be impeached under the following

instances, EXCET:

A. By contedicting testimonses of others of his own class.

B. By shoving that the medical witness is interest.d in the outcome of the case.

C. By his inconsistent testimony t other times.

0. By proofs that he has been not of good standing and repitaon in other cases.

[Al 29 Ordinanly, information gathered by the physician from hss patent is privileged or confidential, however it may not be considered confidential and the ptsysician may disclose such information to others in any of the following situations, EXCEPT:

A. such information i in connection with a cMI case

8. when such information has rio connection with the physician-patent relationship C. when the patient waives his right to the privileged or confidential nature of such information D. when public interest health and safely demands its dclcsure

(B] 30 A medical witness may be allowed to refresh hi memory by looking at his note

in the course of his testimony, however

Page 49: Practice of Medicine Medical Jurisprudence 67

A such note may be confiscated from him upon order of the court.

B. such writing must be produced and be inspected by the adverse party.

C. referring to the note may be a ground for the impeachment of the medical witness.

D. he may be subjected to improper and insulting word from the counsel of the adverse party

(DI 31 Which statement is NOT valid regarding court procedures:

A. testimony of witnesses shall be given orally in open court and under oath

B. ,udge may exclude from the court on any trial, any witness not under exmsnation

so he may not hear the testimony of other witnesses

C. court may exclude the public from the court room if the evidence produceo will be

offensive to public morals

D. defendant cannot request the court to exclude from trial every person except the

officers of the court and the attorneys of both sides

(C] 32 The court may exclude the public from the courtroom

A. when tho accused is testifying and stating his guilt of the crime charged.

B. when a witness is going to testify and impute a thrid party to have committed a crime.

C. when the evidence to be produced in the trial is offensive to decency or public morals.

0. when the witness is maniacal and a potential danger to s•xlety.

[C) 33 A physician who performed an autopsy of a victim of gunshot was asked in court ae to the cause of death of the deceased. While answering the question, the physician is

A. an ordinary witness C. an expert medical witness

B. an ondnary anl also an expert witness D. all of the above

Medical Act

(A] I Students seeking admission to medical courses must comply with the admission requirements based on Sec. 7, Medical Act, 15959. The certificate of eligibility for entrance is obtained from

A. Board of Medicine C. Board of Medical Education

B. Head of schoI where he finished his C). Bureau of Higher Education

Bachelors degree

[C] 2 According to the Medical Act amended, the grounds for reprimand, suspension or

revocation of registration certificate.whech are criminal acts are the following, EXCEPT:

A Conviction by a cOurt of competent jurisdiction of any criminal offønst moral turpitude.

B. Knowingly issuing any false medical certificate.

C. Violation of the code of ethics as approved by the Philippme Medical Association.

D. Performance of or aiding in any criminal abortion.

114 )Aadicai Ac

2 The following acts are not vtolatiorn3 of the Medical Act of 1959, EXCEPT:

k Medical students who have completed the lust four years of medical ccurae who, on their own, renders medical erces during epidemics or national emorgencies.

B. Medical Caeges who preachbe additional requirements for admson to a medical school other than those prcribed by the Medical Act of 1959.

C The President appointrig to the Board of Medical Examinem a recommandee out&.rle the hat of recommeridees approved by the Philippine Medical Association.

Page 50: Practice of Medicine Medical Jurisprudence 67

D. The Presdent appointing the Chairman of the Board of Medical Examirieie.

3 As provided in Sec. 24 of the Medical Act of 1959, as amended, one of the grounds for reprimand, suspension or revocation of registration certificate is conicon by a court of competent jurIsdkon, of any criminal offense invoMrig moral turpitude. What statement s NOT correct?

A. even if the phycian pleaded guilty of the cnrne charged, ii the court has not made th judgment, the license to practice cannot be euspended/revoked

B. it is nceesary that the crime committed was in connection with the practice of medicine

C. a mere complaint filed cannot be a ground for revocation of license if the court hea not yet made its final adjudication

0, a physician convided of a crime and meted punkhment will not be a bar for the suspension of his right to practice medóne

APPEN1X

Exept from t1e G.rLc A.. cf 1988

Delnt)onm G*IIC d*s nslnq meana dhenslnj the p ent&by?s c)oia trn

among gn1c aq*ver. La. ‘kdaeed ph aeu&a1 pioducts havb the w

,ctveks*d1enØ, 5fl• Jg

Ethical drugs - thass &ugs can oày be apeed up a wttbn orter of a vlly

r.Østersd pialcIan dentiet or cllnarbrL -

Nrescrlpdcn or a -courllev QTC) chiijs Thea dn,gs may be d perscd a without a wttan order of a vadly4eg,ls*ared phykian, dertis.t or w4rki an duly Ucu*.ed drug o*fet& When &spenalng, OTC drugs w1iout a ctoa pros— cron, the pharmacist atuV4 glv the necessary nl rmstion and dlrect3o for wrs

-.

M pta a%*lons d4pend In th dngatore ba&a or haspllal pharmacy shall be kept In tile for 2 aars and rscordd In a piesat*lon bool jls*.ared by IWAD wt$d shall be opsi for U spacten h and lsug kspactors at arty trne dung, tainoas loce of thsouda.

Dangerous drugs rdsr t althar p rhlLltad drugs or reg,ulalsd dnigs which ror$irii a

special p.-eecrtØion form, ta U*a or which Is monitored hythe £ ruus Drugs Soan.

1. ProhU*ed drugs Include aptuni and Its acvn,oumrer*s and de ras. prIncl p&y cocaIne, alpha- and bsta€ucaIne, ckv,lc dnags such, as mesca(Ins, lysergic acid dkthy4ande (L*D), and other substances p duckg almllar dtc’t; tndisn leTp end its rivatives all prep.’vatlona made don ac; all preparation nndr from snyGf the foregoIng; and other drugs, whether natural or synthetic, wali the psogic cfect of a narcotic drug,.

2. Flagulatad ugs Include sisap4ndudng sedatlvss such as secabert’ltal pnobsibital, barbital, amobarlitsi and other drugs which ntaIn a sxit or detvatlve of a exit of bar ijrjC. acid; an salt, Isomer, of amphdaii1ne, such as b zeddne or Dexadrtie, or ary drug which prcxlucas a pha maco#OØIC acdon almf4ar to amphetamine; and hypfxtk hs sucti as m aquaka. or any har compound producing similar p rmacolcgic efcts.

UST O PROHI4T!O DftLKS: I1GULATW US

Emwii mixture &bUmare Amytad øanaila Pentctha1

Codeine sulfate apll.n Inj, enzethe GlacIm4 Pincld1

Demeroi Codevfte Syr. &tsol Mandmx FIsxonat

Dolo-edamon Deka Syr. Cakkklna 4ambutsi chyphaJ

Exit ParegorIc ndc4ua*In Syr. ClrcuUno Noctec SOcna1

hinovarbi4. amlnonSyr. Dewn$ VNoludM Soseon

Morphine. Tusslonex y Dexerhhi* Nubarene Thiopentel

V Pa a

Ruies on scrIbing: - V

Page 51: Practice of Medicine Medical Jurisprudence 67

I * Qeneric names shall be ud. (Generic name t th of drugs and doe by thek sclerrtIflcally and IntamsilonsUy re gnlaed actlve it edlenia or by theIr omclal name as datanhinad ly the Bwee of Food arid Drugs.) it Is In lufl1 k edIstaly after the fti annbcL V

I brand name may be Indicated. It must be wrltte; enclosad In parenthe5te, iltten

In full, Im.ed.1y altar the symbol. V V V

. Only one drug shall be prescribed on one pretatç*k2cl form. V

4. Other requirements of the lalrnecy Law MI p sc44inna murt contain nas of prescriber, offlce address, profesaidnal registration umber prutaselaoal ta receipt (PTR) manber pattents name, age, and sex; arid date of presczlpllon V r protilNI a&reguiated drug,s the pre 4.ber must have an —2 license; the epectal D preacrlp&n fom (yellow) must be used; and a racordlug system folkvwlng

DOe redonsVn( be VV V V V

Vlol?ie pmacrdon those where the ØNflc name is not wrRte or a brand name Is..

ra Vi a. ‘‘r ‘nori l—t aq4a-P - ‘,

Erroneous preecrØon b SndN ep tber*c n’n.i g a name 1* the ora

bi

one p secr*lnra1orm.a J ic awanA scio•14 IuWU .3l ii: ivvs

aiuoo i- i*sV1lena bn 4-t$a Z nl eeao’

V .‘htk%

111 4twIhr

mpouepeuoe gwtc narn w1ttei *e tat eI nc name dce t

ceMmwona to btwd nine; *11 e*isI1C ana lrae3 names are nat

- pOSUCt *5 K4

ncona

1or v$oat$ons on p’esa1pion rWei, the Cay of 4eetth may recojmend tSe p1e aonI*nsbvs sanctSons by the Psotesa*ons* ReuLatJona CoaMlc1o. The aces not preci1e dflfelnaJ proceectngu provloeat fat V o4aUons c.f the Plnnlcy

Law ena me Q atow Owe ct

M*tma m Soei Le9GI MdIdw ?op*e.1

AutopUc (mgi) dence eidsnca we known to the etnees tt taste, sl

a(thecowt.

Testftnonlal evidence: testimony given orally under oath or affirnatton.

Expeit evk$ence op4a4on of s sIdM w*tnss 4sdinJ a ruest at eclame, act or

Assadw evidenca phy avdenc wNch thia to a ntpect at the rma (L

fingerp*lnts, weepon, etc.) -

Tracing ev*dence: piyska4 edence which may seetat In kcathg the espect (e4. k,cd trail).

hflcutk

Faclea: Mongolan - atmond eyes, pale comp*e.idon pi %ent cheek bonee taonk*e *lon-4te eppeatance at (tie boa

Myxeden* - pale face, edematous !weWflç W*Iks does ndtpdt on

POi d (:o ure) is vetaf accwate a p4curoaqu desiç4in of the

person Identkl”..L

tactyioecopy at and study at recording geq,dnts as e means of frWlc.elon.

PocescWf at41y of 11w 1x,ras found on the papllisr or fdctlon at the skin fat Idemlilcafto p%upoaes.

laT tcdlea - part of nucleus at clis-which stain deeply when such cells c.’m frnm a

woman. Thts Is not ieen hi oatis tm males (used for sex ldeiiUflc.atior.

Tests for bJcd:

Page 52: Practice of Medicine Medical Jurisprudence 67

A. btvlcal: beiuJdInG, uk um(SchomtwlWa plothalein (asllcteyer), ialactite green. hen etifomogen Takayama), tiem1n cryt

(teina’, aceto ernln (Wgenhsar).

l. gicaL precipkln. blood gr4lng (A, -O)

-. Dltterenoa 13e%ween Male & lniahe

“ate

Heavier -

Lighter

Height grcu -

Haht lesser

PuI1c arch nano,

Puelc arrii wider, ronnder

Lesser dIameter

Qraater dIameter

lilac crest curves higher -

liLac crest curves ker

Nanow greater VLat notch

WIde greater sciatic notch

.

Eady of puti4s nanow

Sody of pble wide

-

Owsta.-focsnen egg..sheoed

Oêlqratoi foremen tlar

Scrum shod 1. narrow

Sscsn long and w4de

MastoId larger

Mastoid eer

Crn*um placed h dzantaUy restson

Cranium Aaced horizontally rests on

rnsatold

ocdflel & nwhi-ry hcwc

Is ehortr - - -

lyIo4d Is longer

Foehead higher

Superd*k.ry ddges less

Zygcmatlc & frontal archie more - -

.

-

oreheNi less

- Spexc*1lary ddfer 1por Lee’ 3romlnnt rgomntc frontal

promk

rrches

Page 53: Practice of Medicine Medical Jurisprudence 67

Jaw laiger and widef -.

Jaw imalier end nanower

OLradov3 of Death: -.-. - - -. - .- -

I Rigor mortl* - ssts fØ ho.anefter4wh, fuy d ope4 alter 12 sz.

2. P reortem livldt’ .. 4ei,eirqs t*oai after da

2. DecomposItion - oflee( hboØca, 14-45 bQwstef destt

4. sge of emach food digestion. omaIy *s •*fort1iestomaal in evacuate e contents. LSsWuI Wane knows 1ng Ilime and habit. -.

5. increase ØCSP laCtic acid, NPN and enilno add con ratIon ocewa 15 hcera ftl1w6ngdsath

Cranium: